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1 


Capitol, Washington, D.C. 




































GOVERNMENT 

IN THE 

UNITED STATES 

NATIONAL, STATE, AND LOCAL 


BY 

JAMES W. GARNER 

®10FESS0R OF POLITICAL SCIENCE IN THE UNIVERSITY 
OF ILLINOIS 



-* ' 


NEW YORK CINCINNATI CHICAGO 

AMERICAN BOOK COMPANY 



3'K'aH 



Copyright, 1911, 1913, 1919, by 
JAMES W. GARNER 

Entered at Stationers’ Hall, London 
Govt. U. S. 


W. P. 24 


PREFACE 


My aim in the preparation of this book has been to present in an 
elementary way the leading facts concerning the organization and 
activities of national, state, and local government in the United 
States. I have given rather greater emphasis than is customarily 
done in textbooks of this character to what may be called the dy¬ 
namics of government, that is, its actual workings, as contradistin¬ 
guished from organization. Likewise, I have laid especial stress upon 
the activities and methods of political parties, party conventions, 
primaries, the conduct of political campaigns, the regulation of cam¬ 
paign methods, and the like. The increasing importance of citizen¬ 
ship has led me to devote a chapter to that subject. To encourage 
wider reading among students, I have added to each chapter a brief 
list of references to books which should be in every high school library. 
The great value of illustrative material as a means of acquainting stu¬ 
dents with the spirit and actual methods of government is now recog¬ 
nized. For the convenience of teachers, I have therefore added at 
the end of each chapter a list of documentary and other illustrative 
material, most of which can be procured without cost and all of which 
may be used to advantage in supplementing the descriptive matter in 
the textbook. To stimulate the spirit of research and to encourage 
independent thinking among students, I have also added at the end 
of each chapter a list of search questions bearing upon the various 
subjects treated in the chapter. 

I am under obligations to a number of teachers for reading the 
proof sheets of this book and for giving me the benefit of their advice. 
Among those to whom I am especially indebted are Mr. Clarence O. 
Gardner, formerly assistant in political science in the University of 
Illinois, Mr. W. A. Beyer, of the Illinois State Normal University, 
Mr. C. H. Elliott, of the Southern Illinois State Normal University, 
Mr. E. T. Austin, of the Sterling Township (Ill.) High School, and 
Mr. WiUiam Wallis, Principal of the Bloomington (Ill.) High School. 

J. W. Garner. 


Urbana, Illinois. 


CONTENTS 


CHAPTER PAGE 

I. Local Government: Towns, Townships, and Counties . 5 

11 . Local Government Continued: Cities AND Villages. . 25 

III. The State Governm ' NTS.57 

IV. The State Legislature.73 

V. The State Executiv :.91 

VI. The State Jltdiciarv. . . . 109 

VII. Suffrage and Elections.125 

VIII. Political Parties and Nominating Methods . . . 144 

IX. The Establishment of the Union.159 

X. The Two Houses of Congress.174 

XL Organization and Procedure of Congress .... 197 

XII. Federal Finance, Taxation, and Money . . . .217 

XIII. The Regulation of Commerce.236 

XIV. Other Important Powers of Congress .... 248 

XV. The Presidency: Organization and Mode of Election . 274 

XVI. The Presidency, Continued: Inauguration, Powers 

AND Duties.298 

XVII. The Cabinet AND THE Executive Departments . . .324 

XVIII. The Federal Judiciary.353 

XIX. Government of the Territories and Dependencies . 369 

XX. Citizenship.383 

Articles of Confederation.393 

Constitution of the United States.399 

Index.411 









GOVERNMENT 

IN THE 

UNITED STATES 


CHAPTER I 

LOCAL GOVERNMENT: TOWNS, TOWNSHIPS, AND COUNTIES 

Kinds of Local Government.—Most of us live under at 
least four different governmental organizations: the govern¬ 
ment,of the United States, the government of a state, the 
government of a county, and the government of a minor 
division, usually called a town or township. In addition to 
(or sometimes instead of) the county or township govern¬ 
ment, many of us live under a special form of government 
provided for urban communities,—cities, villages, or bor¬ 
oughs,—where the population is comparatively dense and 
where, therefore, the somewhat simple form of government 
provided for rural communities is insufficient. If the people 
of the smaller communities are allowed to choose their own 
public officials and, within certain limits, to determine their 
own policies in public matters of a local character, they have 
a system of local self-government. If, on the contrary, they 
are governed by some distant central authority which deter¬ 
mines their local policies and by which their local officials 
are appointed, they live under a system of centralized govern- 
meni. 


5 


6 


LOCAL GOVERNMENT 


Merits of LocrI Self-Government.—In the United States, 
the privilege of local self-government is regarded as one of 
the chief merits of our political system, and it is often 
declared to be one of the inalienable rights of the people. 
One great advantage of local self-government is that it brings 
government near the door of every citizen, and permits the 
people of each locality, who are most familiar with their own 
local conditions and who know best what are their local 
needs, to regulate their own affairs as they see fit. Also, 
such a system is well calculated to secure responsibility. 
So long as the local authorities are chosen by the commu¬ 
nity from its own inhabitants and are constantly under the 
eyes of the people, to whom they are responsible, they can 
be more effectively controlled by local public opinion than 
is possible where they are chosen by authorities distantly 
removed. Another important advantage of local seK-govern- 
ment is that it serves as a training school for the political 
education of the citizens. Allow them the privilege of 
choosing their own local officials and of regulating their own 
local concerns, and their interest in public affairs Vill be 
stimulated and their political intelligence increased and 
broadened. This not only will tend to secure more respon¬ 
sible government (local, state, and national), but will produce 
a more active type of citizenship. 

Importance of Local Government.—^With the growth 
and congestion of population in centers, and the increasing 
complexity of our industrial and social life, the importance 
of local self-government has enormously increased. The 
local governments touch us at many more points to-day 
than does either the state or the national government; 
they regulate a far larger proportion of the concerns of our 
everyday life; and hence we feel the effects of corrupt or 
inefficient local government more keenly than we feel the 


IMPORTANCE OF LOCAL GOVERNMENT 7 

effects of inefficient state or national government. We de¬ 
pend largely upon our local governments for the maintenance 
of the peace, order, and security of the community; for the 
protection of the public health; for the support of our schools; 
for the construction and maintenance of roads and bridges; 
for the care of the poor; and if we live in a city, for pro¬ 
tection against fire, for our water supply, usually, and for 
many other services essential to our comfort and happiness. 
Finally, the larger proportion of the taxes we pay goes 
toward the support of local government—a fact which 
makes it very important that our local governments should 
be efficiently, honestly, and economically conducted. 

Types of Local Government.—The form of local govern¬ 
ment existing in each state is such as the state itself 
provides, the national. government having no authority 
whatever over the matter. Such differences as exist are 
more largely the result of historical conditions growing out 
of the early settlement of the states, than of any pro¬ 
nounced differences of opinion among the people in regard 
to forms of government. Since colonial times there have 
been three general types of local rural government in 
America: the town system, in New England; the county 
system, which originated in Virginia and spread to other 
colonies and states; and the county-township type—a com¬ 
bination of the first two forms—which developed in the 
middle colonies of New York and Pennsylvania and was 
carried to many Western states by settlers from the middle 
states, and is now the most common form to be found. 

TOWN GOVERNMENT 

Town and County in New England.—The characteristic 
feature of the town system of government is that the man¬ 
agement of local affairs devolves mainly upon the town (or 


8 


TOWN GOVERNMENT 


township, as it is usually called outside of New England), 
while the county is little more than an administrative dis¬ 
trict for judicial and election purposes. In some of the New 
England states, where the town system originated and 
where it exists in its purest form, the county is almost ig¬ 
nored as an area for local government. In Rhode Island 
it performs practically no duties of local government and 
is merely a judicial district; there no county officers are to 
be found except the sheriff and clerks of the courts. In the 
other New England states the county plays a more im¬ 
portant part than it does in Rhode Island, but in none of 
them does it share with the towns in anything like an equal 
measure the burden of local government. 

The New England Town.—The towns of New England 
are the oldest political communities in America, some of 
them being older in fact than the counties and states of 
which they are a part. Generally they vary from twenty to 
forty square miles in area, and are irregular in shape, being 
in this respect unlike the townships of many Western states, 
which were laid out in squares, each with an area of thirty- 
six square miles. In population they vary from a few hun¬ 
dred persons to more than 130,000 as is the case with New 
Haven, which, though an incorporated city, maintains a 
separate town organization. 

Powers of Town Government.—The functions performed 
by the town governments are varied and numerous. The 
most important, however, are the support and management 
of public schools, the laying out and maintenance of roads, 
the construction of bridges, the care of the poor, and in the 
more populous towns, fire protection, health protection, 
the maintenance of police, lighting, paving of streets, es¬ 
tablishment of parks, public libraries, etc. The towns 
also have power to enact ordinances of a police char- 


POWERS OF TOWN GOVERNMENT 


9 

acter, relating to such matters as bicycle riding on side¬ 
walks, the running of animals at large, etc. 

In addition to the management of the purely local affairs 
of the community, the town acts as the agent of the state 
government for carrying out certain state laws and policies. 
Thus it assesses and collects the state taxes, keeps records 
of vital statistics, enforces the health laws of the state, and 
acts for the state in various other matters. Finally, except 
in Massachusetts, the town is a district for choosing mem¬ 
bers of at least one branch of the legislature, and every¬ 
where in New England it is a district for state and national 
elections.^ 

The Town Meeting.—The central fact in the system of 
town government in New England is the town meeting, 
or assembly of the qualified voters of the town. The annual 
meeting is usually held in the early Spring (except in Con¬ 
necticut, where it is generally held in October) and special 
meetings are called from time to time as necessity may re¬ 
quire. All persons qualified as voters under the state laws 
are entitled to attend and take part in the proceedings of 
the meeting. Formerly non-attendance, was punishable by 
a fine, but that is no longer resorted to; it being supposed 
that each voter’s interest will be sufiicient inducement to 
secure his presence. The attendance is larger in the towns 
of New England than in the states of the West where the 
town meeting exists, and it is larger in urban towns than in 
those of a rural character. Formal notice must be given 
of the time and place of the meeting, and this is done by a 
warrant issued by the selectmen, which specifies also the 
matters of business to be considered. This notice must be 
posted in conspicuous places a certain number of days before 
the meeting. No other matters than those mentioned in 
iFairlie, “Local Government,” p. 147 . 


TOWN GOVERNMENT 


lO 

the warrant can be introduced or considered. The meetings 
are usually held in the town hall, though in the early history 
of New England they were frequently held in the church, 
which was thus a ‘‘meeting house” for civil as well as for 
church purposes. 

The meeting is called to order by the town clerk, who 
reads the warrant, after which an organization is effected 
by the election of a presiding officer called a moderator, 
and business then proceeds in accordance with the cus¬ 
tomary rules of parliamentary law. The next order of 
business is the election of the town officers for the ensuing 
year. This done, appropriations are made for the payment 
of the public expenses of the town, and the other measures 
necessary for the government of the town are then discussed 
and adopted. The most interesting fact about the New 
England town meeting is the lively discussion which char¬ 
acterizes its proceedings. Any voter may introduce res¬ 
olutions and express his opinion on any proposition before 
the assembly. One great advantage of this system of local 
government is its educative effect upon the citizens. It 
affords a means of keeping alive interest in public affairs 
and thus tends to develop a‘more intelligent citizensliip. 
Important measures may be carefully discussed and criti¬ 
cized before the final vote is taken, and it is difficult to 
“railroad” or smuggle an objectionable measure through, 
as is sometimes done in the legislatures and city councils. 
Everything the officials and committees of the town have 
done is subject to be criticized, everything they are to do is 
subject to be regulated by the meeting. The final action 
of the meeting, therefore, is pretty apt to represent the real 
wishes of the people. 

Conditions Unfavorable to Government by Town Meet¬ 
ing.—Various causes, however, are at work in some parts of 


GOVERNMENT BY TOWN MEETING II 

New England to weaken the system of government by town 
meeting and to render it less suited to the modern conditions 
under which it must be operated. The growth of manu¬ 
facturing industries in many of the towns has introduced 
a conflict of interests between factory owners and operators 
on the one hand, and farmers on the other. The result is 
occasional squabbles and controversies which are not favor¬ 
able to government by mass meeting. The influx of for¬ 
eigners who are unaccustomed to local self-government 
and who are therefore unfamihar with the duties of citi¬ 
zens in self-governing communities has in recent years also 
introduced an unfavorable element. Finally, the caucus 
has gained a foothold in many towns so that the election 
of offlcers and the determination of important policies are 
often controlled by a small group of persons who get to¬ 
gether prior to the town meeting and prepare a slate’’ 
which is put through without adequate discussion. It is 
also to be noted that with the growth of population, many 
of the towns have become too populous to be governed ef¬ 
fectively by mass meeting. Frequently the town hall is too 
small to accommodate all the voters who attend, and satis¬ 
factory debate under such conditions is impossible. Often 
when a town reaches this size it organizes itself into a 
municipal corporation, and a city council takes the place 
of the popular assembly, but there are many places of con¬ 
siderable size which still retain the town organization. 

Town Officers.— Selectmen .—From the beginning of town 
government it was necessary to choose agents to look after 
the affairs of the community during the interval between 
town meetings. These persons were called selectmen, and 
they have retained the name until the present day. 

Every town now has a body of selectmen chosen at the 
annual meeting, usually for one year (in Massachusetts for 


12 


TOWN GOVERNMENT 


three years) to act as a general managing board for the 
community. The number for each town varies from three 
to nine according to the size of the town, three being the 
most usual number. Reelections are frequent; one select¬ 
man in Brookline, Massachusetts, served nearly forty 
years. Their duties vary in the different towns. Generally 
they issue warrants for holding town meetings, lay out 
roads, impanel jurors, grant licenses, abate nuisances, ar¬ 
range for elections, control the town property, hear com¬ 
plaints, sometimes assess taxes (especially in the small 
towns), and may appoint police officials, boards of health, 
overseers of the poor, and other local officers if they 
are not chosen by the voters assembled in the town 
meeting. 

The Town Clerk .—Besides the selectmen, there are various 
other officers of the town, the number varying according 
to its size and importance. One of the most important of 
these is the clerk, who performs some duties discharged by 
the county clerk in states outside of New England. The 
town clerk is elected at the annual town meeting, and is 
frequently reelected from year to year. His principal duties 
are to keep the records of the town meetings, and of the 
meetings of the selectmen, issue marriage licenses, and 
keep registers of births, marriages, and deaths. 

^ 55 ^ 550^5 and Treasurer .—In the large towns there are 
assessors of taxes, who prepare tax lists; in the smaller ones, 
as stated above, the selectmen act as assessors. In all of 
the towns there is a town treasurer who receives and takes 
care of all taxes collected from the citizens, turning over to 
the proper officers the portion which goes to the state and to 
the county. He also keeps an account of all receipts and 
disbursements and makes an annual report to the town 
meeting. 


TOWN OFFICERS 


13 

Overseers of the Poor .—To care for the pauper and de¬ 
pendent class there are usually one or more overseers of 
the poor elected by the town meeting, though in the smaller 
towns the selectmen perform this duty. Their principal 
function is to determine who shall receive public aid. 

Constables .—In every town one or more constables are 
elected. Formerly this office, like that of sheriff, was one 
of dignity and influence, but it has lost much of its early 
importance. As the sheriff is the peace officer of the 
county, the constables are the peace officers of the town. 
They pursue and arrest criminals and execute warrants 
issued by the selectmen and by the justices of the peace. 
In addition they sometimes summon jurors and act as 
collectors of the taxes. 

School Committee .—Generally there is also a school com¬ 
mittee elected at the town meeting. It is charged with 
establishing and visiting schools, selecting teachers, pre¬ 
scribing the courses of instruction, and appointing truant 
officers. 

Other Town Officials are justices of the peace; road sur¬ 
veyors or similar officers with other titles, charged with 
keeping public roads and bridges in repair; field drivers 
and poundkeepers, who take up and keep stray animals 
until claimed by their owners; fence viewers, who settle 
disputes among farmers in regard to partition fences and 
walls; sealers of weights and measures; who test the accu¬ 
racy of scales and measures; surveyors of lumber; keepers 
of almshouses; park commissioners; fish wardens; inspectors 
of various kinds; and a host of other minor officials, some of 
whom bear queer titles, and many of whom serve without 
pay or receive only trifling fees for their services. In some 
of the small towns, officials are so numerous as to constitute 
a goodly proportion of the population. The town of Middle* 


14 


COUNTY GOVERNMENT 


field (Mass.), for example, with only eighty-two voters 
recently had a total of eighteen officials. ^ 

Town Government in the West.—Town government is 
not confined to New England; it has been carried to many 
Western states where immigrants from New England have 
settled, though in none of them does it possess the vi¬ 
tality or play the important part in the management of 
public affairs that it does in the older communities where 
it originated. In the states of the South and the far West, 
there is no general system of town government. Counties, 
however, are usually divided into districts for a few un¬ 
important purposes. 

COUNTY GOVERNMENT 

The County.—The county^ is a civil division created by 
the state partly for purposes of state administration and 
partly for local government. New York city embraces 
within its boundaries five counties; other cities, like Chi¬ 
cago, Cleveland, Buffalo, and Cincinnati, contain within 
their limits the larger part of the population of the counties 
in which they are situated. The population of a large 
majority of the counties, however, is predominantly rural 
rather than urban in character, and where there is a large 
city within a county, most of the affairs of that portion of 
the county lying within the city limits are managed by the 
city government. 

Population and Area .—The population of the counties, 
and their areas, vary widely. Several counties in Texas in 
1910 had less tticn 400 inhabitants each. New York county, 
on the other hand, had more than 2,750,000. The most 

^ Hart, “Actual Government,” p. 172. 

^ The corresponding division in Louisiana is called a parish. 


THE COUNTY 


IS 

populous counties are in the Eastern states, and the least 
populous in the South and West. There are now about 
3,000 counties in all the states, the number in each state 
ranging from three in Delaware and five in Rhode Island 
to 244 in Texas. In proportion to population Massachu¬ 
setts has a smaller number (fourteen) than any other state 
in the Union. In many states the minimum size of counties 
is fixed by the constitution. The minimum limit where it 
is fixed by the constitution is usually 400 square miles, 
though in some states it is 600 or 700 and in Texas it is 900 
square miles. Where no such restrictions have been pre¬ 
scribed, however, as in some of the old states, the area is 
sometimes very small. In Rhode Island, for example, there 
is one county with an area of only 25 square miles. New 
York has one county (New York) with an area of 21 square 
miles, and another (St. Lawrence) with an area of 2,880 
square miles. On the other hand, Choteau county in 
Montana has an area of over 16,000 square miles, being 
considerably larger than the combined area of several of the 
smaller states. 

To prevent the legislature from creating new counties 
or altering the boundaries of existing counties against the 
wishes of the inhabitants, and to secure to the people home 
rule in such matters, the constitutions of a number of states 
provide that new counties may be formed, or the area of 
existing counties altered, only with the consent of the in¬ 
habitants concerned, given by a direct popular vote on the 
question. 

Functions of the County .—The county is a judicial and 
elective district, and the jails and courthouses and some¬ 
times the almshouses are county rather than town institu¬ 
tions. Outside of New England the county is also often the 
unit of representation in the legislature; and it acts as an 


i6 


COUNTY GOVERNMENT 


agent of the state in collecting taxes and executing many 
laws. 

County Officers .—The County Board .—The principal 
county authority is usually a board of commissioners or 
supervisors (in Louisiana it is called the police jury), elected 
by the voters either from the county at large or from dis¬ 
tricts into which the county is divided. In most states it 
is a small board, usually three or five members; in some 
it is larger, being composed of one member from each town¬ 
ship in the county. In a few Southern states (Kentucky, 
Tennessee, and Arkansas), the county court of justices of 
the peace still acts as the county board, as in Colonial days. 

This board is both a legislative and an administrative 
body for the county, for the executive and legislative func¬ 
tions in local government are not always kept so separate 
and distinct as they are in the state and national govern¬ 
ments. It levies taxes, appropriates money for meeting 
the public expenses, has general control of county finances, 
has charge of county buildings and other property, settles 
claims against the county, approves bonds of county offi¬ 
cials, and in many states it establishes roads, lets con¬ 
tracts for the erection of bridges and other public works 
and for repairing them, licenses ferries and sometimes inns, 
saloons, peddlers, etc., cares for the poor and dependent 
classes, and performs numerous other services which vary 
in extent and character in the different states. 

The Sheriff .—The most important executive officer of 
^he county is the sheriff. This office is a very ancient one, 
though it has lost much of its former dignity and importance. 
The sheriff is elected by the people of the county, in all of 
the states except Rhode Island (where he is chosen by the 
state legislature), for a term ranging from one to four years, 
the most usual term being two years. The sheriff is usually 



Pueblo County Court House, Colorado 





























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COUNTY OFFICERS 


17 

assisted by a number of deputies, who are either regularly 
employed by him or especially summoned in case of emer¬ 
gencies. He is the general conservator of the peace of the 
county and is charged with attending the court as its execu¬ 
tive officer and with carrying out its orders, whether it be 
to sell property for nonpayment of taxes, to seize and sell 
property in execution of a judgment, or to hang a con¬ 
victed criminal. He has the power, and it is his duty, to 
arrest offenders and commit them to the jail, of which he is 
usually the custodian, and to this end he may summon to 
his aid the posse comitatus, which consists of the able-bodied 
male citizens of the county. In case of serious disturbance 
and riot he may call on the governor for the aid of the 
militia. He must exercise reasonable care for the safe¬ 
keeping of prisoners in his custody, and in' some states he 
liiay be removed from office by the governor for negligence 
in protecting them against mob violence. In some of the 
Southern states he is ex officio tax collector and in some he 
is also ex officio public administrator. Other duties of a 
special nature are imposed upon sheriffs in different states. 

The Coroner .—Next to the sheriff among county officers 
in point of origin is the coroner, whose principal duty is to 
hold inquests upon the bodies of persons who are supposed 
to have died from violence or other unlawful means. In 
such cases it is the duty of the coroner to impanel a jury, 
usually of six persons, who from the testimony of witnesses, 
if there are such, and with the aid of a physician or other 
expert, decide the facts as to how the deceased met his 
death. A coroner’s inquest, however, is not a trial but 
merely an inquiry into the circumstances of the death. By 
an old common-law rule, the coroner usually succeeds to the 
office of sheriff in case the latter dies or for any other rea¬ 
son is disqualified from acting. 

Govt. U. S .—.2 - 


i8 


COUNTY GOVERNMENT 


County Clerk .—Usually in every county there is an official 
called the county clerk, who in most states serves both as 
the clerk of the county board of commissioners, and as clerk 
of the county court and of the circuit court. In the former 
capacity he keeps a record of the proceedings of the meeting 
of the board. His books must contain a record of all bids 
for the erection of county buildings, of all contracts let, 
notices of elections ordered, licenses granted, roads laid out 
or changed, and indeed of all transactions of the board. As 
clerk of the court he must prepare and keep the docket of all 
cases for trial and of the judgments entered, issue processes 
and writs, certify to the accuracy of transcripts from the 
records of the court, and keep all papers and records of the 
court. In Pennsylvania and Delaware the clerk of the 
common pleas court is known as a ^^prothonotary”; in 
Massachusetts the clerks of the probate courts are styled 
‘‘registers of probate.” 

In a few states these two sets of duties are intrusted to 
different officials, one of whom is styled the county clerk 
and the other the clerk of the court. Usually the county 
clerk is also an election officer, being charged with the 
giving of notices of elections, the preparation of ballots, and 
the keeping of election records. County clerks are usually 
elected by the people of the county for a period ranging 
from one to four years, and reelection is much more fre¬ 
quent than is the case with other county officials, because 
of the greater need of experience and familiarity with the 
duties of the office.^ 

County Treasurer .—An important county officer is the 
treasurer, who receives and has custody of the state and 

1 In Vermont and Connecticut, however, they are appointed by 
the judges and hold during their pleasure, while in Rhode Island they 
are elected by the legislature annually. 


COUNTY OFFICERS 


19 

county taxes, though in a few states having the county 
system of local government there are special tax collectors, 
and, as we have seen, in some of them these duties are per¬ 
formed by the sheriff.^ Nearly everywhere the office is, 
filled by popular election, though in a few states treasurers 
are chosen by the county board or appointed by the gover¬ 
nor. On account of the large sums of money often intrusted 
to their keeping, they are usually placed under heavy bond 
to insure the state and county against loss in case of defal¬ 
cation or other misapplication of the funds in their charge. 
County treasurers frequently deposit the public funds in 
local banks and retain for themselves the interest which 
they receive therefrom. Recently the treasurer of Cook 
county, Illinois, agreed before his election to turn over to 
the county all interest received by him on county funds 
deposited in banks, and in 1904 nearly half a million dollars 
was thus paid into the county treasury by him. 

County Auditor .—In a number of states the office of 
county auditor has been provided. Generally he keeps 
the accounts of the county, so as to show the receipts and 
expenditures of the public. moneys, and issues warrants 
upon the treasurer for the payment of bills authorized by 
the county board. In some states his duties are limited 
merely to an examination of the accounts of county officers 
to see that they have been properly kept and that there 
has been no misapplication of public funds. 

Recorder of Deeds .—In all the states there are officials 
charged with keeping records of certain legal documents 
such as deeds, mortgages, and leases. They are designated 
by different names, the most usual being register of deeds 

^ Rhode Island is the only state in which there is no such official as 
the county treasurer, the custody of local funds being intrusted to the 
town treasurers. 


20 


COUNTY GOVERNMENT 


or recorder of deeds. They make exact copies of the instru« 
merits to be recorded, enter them in large books, and keep 
indexes by which such instruments can be readily found. 
In some states these duties are performed by the county 
clerk. The importance of the office is evident because upon 
the careful preservation and accuracy of the records must 
depend in many cases our rights to property. 

School Officers .—In the states outside New England there 
is usually a county superintendent or commissioner of 
schools and in most of the Southern states a county school 
board. In a large majority of the states the county superin¬ 
tendent is elected by the people, though in a few he is ap¬ 
pointed by the governor, elected by the local school boards, 
or chosen in other ways. The principal duties of the super¬ 
intendent of schools are to examine teachers, issue certifi¬ 
cates to teach, visit the schools, organize teachers’ institutes, 
give advice on educational matters to teachers and school 
trustees, make reports to the state superintendent of pubHc 
education, sometimes decide questions appealed to him 
from the district trustees, and in general watch over and 
promote the educational interests of the county. County 
school boards in the South establish schools as do the town 
school committees and school district boards in other states. 

Other County Officials are the surveyor, who makes sur¬ 
veys of land upon the application of private owners, pre¬ 
pares plats, and keeps records of the same; superintendent 
or overseers of the poor, who have charge of almshouses, 
hospitals, and poor farms where they belong to the county; 
health officers or boards of health, whose duties are indi¬ 
cated by their titles; and occasionally other minor officials 
with varying titles and duties.^ 

^ The county court and the justices of the peace are discussed ir 
the chapter on the state judiciary (chapter vi). 


THE TWO TYPES 


21 


THE COUNTY-TOWNSHIP SYSTEM 

In most states the general type of local government is 
that which we have designated as the county-township 
system. It is a system in which there is a more nearly 
equal division of local governmental functions between 
the county and township than is found either in New Eng¬ 
land or in the Southern states. 

The Two Types.—Growing out of the fact that the county- 
township system has two sources it has developed into two 
different types: the New York or supervisor type and the 
Pennsylvania or commissioner type. 

A, New York Type .—In New York the town with its 
annual meeting early made its appearance, though the 
town meeting there never exhibited the vigor and vitality 
that it did in New England. Early in the eighteenth cen¬ 
tury a law was enacted in New York providing that each 
township in the county should elect an officer called 
a supervisor, and that the supervisors of the several towns 
should form a county board and when assembled at the 
county seat should supervise and examine the public 
and necessary charge of each county.” In time the man¬ 
agement of most of the affairs of the county was devolved 
upon the board of supervisors, and the system has con¬ 
tinued to the present. This board is now composed of 
not only the supervisors of the townships but also the 
representatives of the various villages and wards of the 
cities within the county. The county board thus represents 
the minor civil divisions of the county rather than the 
county as a whole. It has charge of various matters that 
in New England are managed by the towns. The town 
meeting exists but it is not largely attended, and does not 
play the important role in local government that it does in 


22 THE COUNTY-TOWNSHIP SYSTEM 

New England. This system in time spread to those states, 
like Michigan, Illinois, and Wisconsin, which were largely 
settled by immigrants from New York. 

B. The Pennsylvania Type .—^As New York was the 
parent of the supervisor system, Pennsylvania became the 
parent of the commissioner system. Instead of a county 
board composed of representatives from the various town¬ 
ships in the county, provision was made for a board of 
commissioners elected from the county at large. The Penn¬ 
sylvania system spread to Ohio and from there to Indiana 
and later to Iowa, Kansas, Missouri, Nebraska, North 
Dakota, and South Dakota. In some states the commis¬ 
sioners are elected by large districts into which the county 
is divided for that purpose. 

Thus, first to New York, and second to Pennsylvania, 
belongs the honor of predetermining the character of local 
government, in the West. The county-township system 
is the most widely distributed system of local government 
in the United States, and seems destined to become the pre¬ 
vailing system for the country as a whole. ^ The principal 
difference between the two t3^es consists in the presence 
of the town meeting in the northern tier of states where 
the New York type prevails, and its absence in the states 
where the Pennsylvania type was introduced; in the differ¬ 
ent manner in which the county boards are constituted; and 
in the relative importance of the county and township in 
the local governments of the two groups of states. 

Conflict of Different Systems in the West.—An illus¬ 
tration of the attachment of the people of different parts 
of the country to the local institutions to which they were 
early accustomed, is found in the conflict which took place 
in Illinois between the settlers in the northern and southern 

^ Goodnow. “ Comparative Administrative Law,” Vol. I, p. 178. 


CONFLICT OF DIFFERENT SYSTEMS 


23 

parts of the state. The southern part of the state was 
settled largely by people from the South, who brought with 
them the Southern ideas of local government, and as they 
constituted the bulk of the population of the state at the 
time it was admitted to the Union, the system of county 
government was established by law throughout the state; 
but the county board was organized on the Pennsylvania 
plan and not according to the old Southern system. The 
northern part of the state, on the other hand, was settled 
mainly by people from New England, who were likewise 
strongly attached to the local government to which they 
had been accustomed. They succeeded, therefore, in secur¬ 
ing the adoption of a clause in the constitution (1848), 
allowing the people of each county to adopt the township 
system whenever the majority of the legal voters of the 
county voting at any general election should so determine. 
Under the operation of this ^‘home rule” provision, 85 of 
the 102 counties of the state have adopted the township 
system. A somewhat similar conflict occurred in Michi¬ 
gan, where the Pennsylvania commissioner system was first 
introduced, but with the influx of inhabitants from New 
York and New England dissatisfaction with that system 
increased until finally it was displaced by the New York 
or supervisor t3^e. 

References.— Beard, American Government and Politics, ch. xxix. 
Bryce, The American Commonwealth (abridged edition), chs. xlvii- 
xlviii. Fairlie, Local Government in Towns, Counties and Villages, 
chs. iv-v,. viii-xi. Fiske, Civil Government in the U. S., chs. ii-iv. 
Hart, Actual Government, ch. x. Hinsdale, American Government, 
ch. Iv. Wilson, The State (revised edition), secs. 1035-1043. Wil¬ 
loughby, Rights and Duties of Citizenship, pp. 260-265. 

Documentary and Illustrative Material.—i. A map of the state show¬ 
ing its division into counties. 2. A map of the county showing the 
towns, townships, supervisors’ districts, or other civil subdivisions. 3. A 


24 


LOCAL GOVERNMENT 


copy of a town meeting warrant. 4. A copy of the proceedings of the 
county board or town meeting, as published in the local newspaper. 

5. The legislative manual or blue book of the state in which lists of 
counties and their subdivisions, with their population, area, oflScers, 
and other information may be found. Usually this may be procured 
from the secretary of state. 6. Reports of county officers. 7. Copies 
of the state constitution, which may usually be obtained from the 
secretary of state; and, if possible, a copy of the revised statutes of the 
state. 8. Volume of the census report on population. 

Research Questions 

1. What is the distinction between local self-government and cen¬ 
tralized government? What are the advantages of a system of local 
self-government? 

2. Why should counties, towns, and cities be subject in some 
measure to the control of the state? 

3. What are the provisions in the constitution of your state in 
regard to local government? 

4. How many counties are there in your state? ‘What is the area 
and population of the largest? of the smallest? 

5. How may new counties be created in your state? How may old 
counties be divided? How are county seats located? 

6. Enter In your notebook a list of the county officers in your 
county. For how long a term is each elected? 

7. Which one of the three forms of local government described 
above does the system under which you live most nearly approach? 

8. How many members are there on your county board? Are 
they called commissioners or supervisors? Are they elected from 
the county at large or from districts? 

9. What are the political subdivisions of your county called, and 
bow many are there? 

10. If you live in a state where the town system of local govern¬ 
ment exists, make a list of the town officers and state their duties. 

11. Is the town meeting a part of the system of local government 
where you live? If so, how often is it held? 

12. Are the public roads in your community under county or town 
control? the poorhouse? the assessment and collection of taxes? 

13. How many justices of the peace and constables are there in 
your town or district? Give their names. 


CHAPTER II 


LOCAL GOVERNMENT, CONTINUED: CITIES AND VILLAGES 

Need of Municipal Government. —The systems of local 
government described in the preceding chapter are those 
which have been devised mainly for rural communities, 
that is, communities containing a scattered population en¬ 
gaged principally in agricultural pursuits. In a sparsely 
settled community the governmental needs of the people 
are comparatively few, and a simple governmental organi¬ 
zation is sufficient for supplying those needs. In a densely 
populated community, however, a more complex and differ¬ 
ently organized form of government must be provided. 
When, therefore, a community becomes so populous that it 
cannot be governed effectively by town meetings, small 
boards, and the other forms of political machinery de¬ 
scribed in the previous chapter, it is incorporated as a mu¬ 
nicipality, that is, the state gives it a charter which con¬ 
fers upon it special powers and privileges and provides it 
with a somewhat different type of local government for the 
exercise of those powers. The minimum population neces¬ 
sary to constitute a city varies in the different states. They 
all require, however, that there must be a considerable num¬ 
ber of inhabitants occupying a comparatively small area of 
territory, before the community can be incorporated as a 
city. In Illinois, for example, any community having at 
least 1,000 inhabitants resident within an area not exceed- 

25 


26 


MUNICIPAL GOVERNMENT 


ing four square miles may become a city. In some other 
states, a population of not less than 5,000 is required, while 
in some a still larger number is required. The census 
bureau of the United States, for statistical purposes, has 
at different times taken 8,000 and 2,500 as the minimum 
population required to constitute a city. 

Growth of Cities.—One of the most remarkable political 
and social facts of the past century was the growth of 
towns and cities. When the Constitution of the United 
States went into operation there were but thirteen cities 
in the whole country with populations exceeding 5,000 
each. Only about four per cent of the people then Hved 
under urban conditions: rural life was the rule, and city 
life the exception. Since the middle of the last century, 
however, there has been a remarkable change in the rela¬ 
tive proportion of the total population hving in the cities 
and in the country. According to the federal census of 
1910 there .were 1,232 cities in the United States with a 
population of more than 5,000 each, and in them lived 
42 per cent of all the people. The number is now con¬ 
siderably larger. It is estimated that 90 per cent of the 
people of Massachusetts now live m cities of over 5,000 
inhabitants, and in a few other states the urban pop¬ 
ulation constitutes more than two thirds of the whole. 
More than half the population of New York state is now 
found in the city of New York alone. Even in several 
states of the West, as Illinois, more than half the popu¬ 
lation is now living under urban conditions. What is 
even more remarkable has been the rapidity with which 
many American cities have grown to their present size. 
Thus New York in a period of 100 years grew from a city 
of 50,000 inhabitants to a city of more than 4,000,000. 
The growth of Chicago was even more rapid. In 1907 


GROWTH OF CITIES 


27 

there was still living in that city the first white person 
born within its present limits. This person saw Chicago 
grow from, a petty prairie village to a city of more than 
2,000,000 souls. 

Causes of City Growth.—The causes that have led to 
the extraordinary growth of cities are partly economic and 
partly social. With the more general use of labor-saving 
machinery in agriculture the number of men necessary to 
cultivate the farms and supply the world with food has de¬ 
creased relatively, leaving a larger number to engage in the 
manufacturing and other industries which are generally 
centered in the cities. One man with a machine can now 
do the work on the farm which formerly required several, 
so that fewer farmers in proportion to the total popula¬ 
tion are needed. On the other hand, the development of 
trade and commerce and the rise of the manufacturing in¬ 
dustries have created an increasing demand for city workers. 
Many persons are also drawn away from the country by 
the social attractions and intellectual advantages which the 
cities offer. In the cities, good schools are abundant and 
convenient. There also are colleges, libraries, picture galler¬ 
ies, museums, theaters, and other institutions for amusement 
and education. There the daily newspaper may be left at 
one’s door often for a cent a copy; there are to be found fine 
churches with pulpits occupied by able preachers; there one 
finds all the conveniences of life which modern science and 
skill can provide—everything to gratify the social instinct, 
and little or none of the dullness of country life. These are 
some of the attractions that lure the young and the old as 
well from the rural communities to swell the population of 
the cities. These are the forces that are converting us from 
a nation of country dwellers to a nation of city dwellers. 

Consequences of City Growth.—The congestion of the 


28 


MUNICIPAL GOVERNMENT 


population in the towns and cities has had far-reaching 
economic, social, and political effects. 

Economic Results .—As the city population becomes more 
dense the number of those who are able to own their own 
homes becomes less, and thus the city tends more and 
more to become a community of tenants. According to the 
census of 1900, while more than 64 per cent of the families 
of the United States living on farms owned their own 
homes, less than 35 per cent of those living in cities were 
owners of the houses they occupied. In New York city 
the proportion was only about 12 per cent, and in the 
boroughs of Manhattan and the Bronx it was less than 6 
per cent. Of these hardly more than 2 per cent owned 
homes that were clear of mortgages. 

Social Results .—Another result of the movement of the 
people to the cities is the evil of overcrowding. Manifestly 
where the area of a city is limited, as is often the case, there 
must come a time when the population will be massed 
and crowded together under circumstances that are dan¬ 
gerous to the health, morals, and comfort of the people. In 
some of the large cities to-day the conditions resulting from 
overcrowding are truly shocking. According to the census 
of 1900, while the average number of persons to a dweUing 
throughout the country as a whole was about five, the 
number in New York city was nearly fifteen, and in the 
boroughs of Manhattan and the Bronx it was more than 
twenty. In several parts of the city there are blocks con¬ 
taining more than 1,000 persons to the acre. Under such 
circumstances the rate of mortality is necessarily high, and 
immorality and vice are encouraged. In the great cities one 
finds a large floating population with no local attachment 
or civic pride, and thousands of persons, foreigners and 
natives alike, with low standards of life. There also the 


CONSEQUENCES OF CITY GROWTH 29 

individual is lost in a multitude, and the restraining in¬ 
fluence of public opinion, which is so powerful in the coun¬ 
try, is lacking. Thus the tendency to wrongdoing is greatly 
accentuated. 

Political Results. —Finally, the growth of the cities has 
had important political consequences, in that it has given 
rise to conditions that have increased enormously the 
problems of local government. As long as the population 
of the nation was predominantly rural and the cities few 
in number and small in size, the difficulties of local govern¬ 
ment were not serious. But the presence of such conditions 
as those described above, together with the task which 
devolves upon the city of performing so many services for 
the people that are not required in sparsely settled com¬ 
munities, has made the problem of city government the 
most difficult of all governmental problems. 

Movement to Check Immigration to the Cities.—The 
abandonment of the farms and the movement of the people 
to the cities is viewed by many persons with regret, not to 
say alarm. There are some who think that the cities are 
the plague spots of the country, that city life tends to pro¬ 
duce an enfeebled race with low moral standards; that they 
are tending to make of us a nation of tenants, tramps, 
anarchists, and criminals; and that the economic welfare 
of the country is being endangered by the drift away from 
the farm. Such a view, of course, represents an exagger¬ 
ated conception of the dangers, though it will be readily 
admitted that the change is not without serious evils. 

Lately we have heard a great deal of discussion among 
thoughtful men as to the possibility of checking the move¬ 
ment of the young to the cities. And notwithstanding the 
movement from the country to the city it is evident that 
the conditions of rural life are much more favorable than 


MUNICIPAL GOVERNMENT 


30 

formerly. The daily free delivery of mail at the doors of 
the farmers, the extension of the parcel post service, the 
introduction of the telephone and the interurban railway, 
to say nothing of the use of labor-saving machinery, have 
done much to add to the attractiveness of country Hfe and 
to diminish the hardships of farm life and other rural occu¬ 
pations. But these advantages have not checked the move¬ 
ment to the cities, and other remedies must be found. 

The Position of the City in the State. —The city oc¬ 
cupies a twofold position in the state of which it is a 
part. In the first place, it is an agent of the state for carry¬ 
ing out certain state laws and policies. Thus it acts for 
the state when it protects the public health, cares for the 
poor, maintains peace and order, supports education, and 
collects the taxes for the state. In the second place, the 
city undertakes to perform numerous services which are 
of interest to the people of the locality alone and which 
do not cohcern the people of the state as a whole. When 
acting in this latter capacity, the city is merely an organ 
of local government and not an agent of the state. Thus 
the city sometimes supplies the inhabitants with fight and 
water, protects them against fire, maintains sewers, dis¬ 
poses of garbage and other refuse, builds wharves, docks, 
and bridges, and maintains public libraries, museums, bath 
houses, and other institutions. 

State Control of Cities .—The organization, powers, and 
privileges of the city are determined for the most part by 
the state constitution and laws. In a few states the finan¬ 
cial transactions of city officials are subject to state in¬ 
spection and audit, and in practically all of them their power 
to levy taxes and borrow money is placed under restrictions. 
It is felt that if the cities were left entirely free from state 
control they could not always be relied upon by the state 


POSITION OF THE CITY IN THE STATE 


31 


to carry out the laws which they are charged with enforc¬ 
ing, and that in other respects their action might not be 
in harmony with the general policy of the state. In those 
matters, however, which are of purely local interest, the 
state should interfere as little as possible. Interference in 
such cases is contrary to the ideas of local self-government 
which Americans cherish as one of their most valuable 
rights. However, the right of the people living in cities 
to regulate their own local affairs according to their own 
notions is not always recognized, and there are frequent 
complaints that state legislatures have interfered when the 
interests of the state did not justify it. 

The City Charter.—The city, unlike the county, town¬ 
ship, and other minor civil divisions described in the pre¬ 
ceding chapter, has a charter granted to it by the state 
which gives the city more of the character of a public corpo¬ 
ration. The charter contains the name of the place in¬ 
corporated, a description of its boundaries, its form of 
organization, and a detailed enumeration of the powers 
which it may exercise. It is granted by the state legislature, 
though, unlilce the charter granted to a private corpora¬ 
tion, such as a bank or a railway company, it is not a con¬ 
tract but simply a legislative act which may be repealed or 
altered at the will of the legislature. Thus, legally, the 
city is at the mercy of the legislature. Its charter, indeed, 
may be taken away from it and the city governed directly 
by the legislature in such manner as it may choose, and 
this has sometimes been done in the case of cities which 
grossly abused their powers or got themselves into such 
hopeless financial condition that they were unable to meet 
their obligations or properly discharge their duties. 

Methods of Granting Charters .—Formerly it was the cus¬ 
tom in most states for the legislature to frame a charter for 


MUNICIPAL GOVERNMENT 


32 

each city as application was made. The result was that 
different cities received different kinds of charters, some 
more liberal than others. Besides, the time of the legis¬ 
lature was taken up with the consideration of applications 
for charters, and abundant opportunities were offered for 
favoritism and for the use of improper influences upon 
members of the legislature by cities that desired new char¬ 
ters or amendments to existing charters. To avoid these 
evils many states adopted the practice of passing a gen¬ 
eral law for the government of all cities in the state, un¬ 
der which any community which desired to be incorpo¬ 
rated as a city might by fulfilling certain prescribed con¬ 
ditions be organized under this general act, which then be¬ 
came the charter of the city. Under this system all cities 
in the state would have practically the same organization 
and powers. 

^^Home Rule^’ Charters .—The feeling that the people 
concerned should be given some power in framing the 
charters under which they are to be governed has led in 
comparatively recent times to the adoption of “home 
rule ” provisions in the constitutions of a number of states 
—that is, provisions allowing the people of each city, 
under certain restrictions, to frame their own charters. 
Thus the Missouri constitution, adopted in 1875, allows 
each city of more than 100,000 inhabitants to prepare its 
own charter, which, when approved by the voters, shall go 
into effect provided it is not inconsistent with the state 
law. Other states having “ home rule ” charter provisions 
in their constitutions are California, Oregon, Washington, 
Minnesota, Colorado, Oklahoma, Michigan, Wisconsin, 
Texas, Ohio, Nebraska, Arizona, and Connecticut. 

Powers of Municipal Corporations .—With the exception 
of a few cities, of which Houston, Texas, is an example. 





V: ' 










City Hall and Municipal Building, New York 

The City Hall is in the foreground; the Municipal Building, containing 
additional office room for city officials, is the tallest building shown. 

iii 









THE CITY CHARTER 


33 

the powers that may be exercised by a city are specifically 
enumerated with great detail in the charter, and where that 
is done no other powers may be exercised by the city except 
such as are clearly incidental to, or implied in, those enumer¬ 
ated. Thus when the city of New York wished to build an 
elevated railway, it had to secure express authority from the 
legislature, which body insisted that the work should be 
carried out under the supervision of a state commission. 
Likewise when the city of Chicago wanted power to pre¬ 
scribe the width of wagon tires to be used on its streets, re¬ 
course had to be made to the state legislature for permis¬ 
sion, though in neither case was the matter involved one 
which concerned directly anybody except the people of the 
cities affected. 

Legislative Interference in the Affairs of Cities.—The 
power of the state legislature over the cities has sometimes 
been employed to interfere in their local affairs and to force 
upon the cities measures or policies to which they were op¬ 
posed. Thus the legislature of Pennsylvania passed an act 
requiring the city of Philadelphia to build an expensive city 
hall which cost the taxpayers of the city something like 
$20,000,000, though it was not a matter of direct interest 
to the people outside of the city. Likewise the legislature 
of Ohio required the city of Cleveland to erect a soldiers’ 
monument at a cost of $300,000 against the wishes of the 
taxpayers who had to bear the expense. 

Sometimes the legislature employs its power of control 
over the cities in the interest of the political party which 
happens to be in control of the legislature, and it frequently 
passes laws relating to the hours of opening and closing of 
saloons in the cities when local sentiment may be op¬ 
posed to such laws. But as to the moral right of the 
legislature to enact such laws as the last mentioned, 
Govt. U. S.—3 


MUNICIPAL GOVERNMENT 


34 

there is a difference of opinion. The disposition of the 
legislature to interfere in the affairs of the cities by means 
of special acts—that is, acts applying to a single city—has 
come to be a crying evil and has been a cause of complaint 
from the people of nearly every large city. The New York 
legislature during a period of ten years passed nearly four 
hundred laws applying to the city of New York. 

Constitutional Protection Against Special Legislation .—To 
protect the cities against special legislation and at the same 
time to remove the opportunity which such a practice offers 
for bribery and the employment of other improper means 
to secure special legislation or to prevent it, when it is not 
desired, the constitutions of many states contain provisions 
absolutely prohibiting the legislature from enacting laws 
applying to particular cities except where general laws are 
inapplicable. Where such constitutional provisions have 
been adopted, the legislatures have frequently evaded them 
by a system of classification by which acts are passed ap¬ 
plying to all cities within a class when in reality there may 
be but a single city in such a class. And the courts have 
generally held such acts to be constitutional where the 
classifications are not unreasonable. 

The New York constitution recognizes that special legis¬ 
lation applying to larger cities may sometimes be desirable, 
and instead of forbidding such legislation absolutely it 
classifies the cities of the state into three classes according 
to population,—New York City, Buffalo, and Rochester con¬ 
stituting the first class,—and allows the legislature to enact 
laws affecting a single city within a class, subject to the 
condition that the proposed law must be submitted to the 
authorities of the city affected, for their approval, and if dis¬ 
approved it is void unless repassed by the legislature. Like¬ 
wise by recent amendment to the constitution oi Illinois 


LEGISLATIVE INTERFERENCE 


35 

the legislature of the state is allowed to pass special laws 
affecting the city of Chicago alone, but such legislation 
cannot take effect until it has been approved by the voters 
of the city at a general or special election. 

Functions of Municipal Government.—The functions 
and activities of city government are numerous and varied, 
much more so, of course, in large cities than in small ones. 
First of all, the problem of police protection, the punish¬ 
ment of crime, and the care of the public safety in a com¬ 
munity where thousands of persons of all nationalities and 
with varying standards of respect for law are living in close 
proximity, is very difficult and requires a small army of 
officials which would be entirely unnecessary in a rural 
community. Likewise the duty of caring for the public 
health, of preventing the spread of disease, of securing a 
wholesome water supply, of protecting the people against 
impure and adulterated food, and of securing wholesome 
and sanitary conditions generally, is very much greater in 
cities than in sparsely settled rural districts or in villages 
and small towns. Then there are the problems of fire pro¬ 
tection, gas and electric light, street railway transportation, 
the construction anjd maintenance of streets, education, 
building regulations, the care of the poor and dependent 
class, disposal of sewage and waste, the maintenance of 
hospitals, libraries, museums, and other institutions, the 
regulation of traffic on the streets, and many other activities 
too numerous to mention. 

The City Council.—The legislative branch of most city 
governments is a council composed of members elected by 
the voters for a term ranging from one year in some of the 
cities of New England to four years in certain other parts 
of the country, the most usual term being two years. The 
number of members ranges from 9 in Boston to more than 


MUNICIPAL government 


36 

130 in Philadelphia. The city of New York has a council 
of 67 members; Chicago, 70; and San Francisco, 18. In 
the large majority of cities this council, unlike the state 
legislatures, is a single-chambered body, though in a few 
important cities, notably Philadelphia,. Baltimore, St. 
Louis, and Louisville, it is composed of two houses. 

Mode of Election. —Generally, the members of the city 
council are chosen by districts or wards, usually one mem¬ 
ber from each, though in some cities several are elected 
from each district; in Illinois cities two members are elected 
from each ward into which the city is divided. Where 
the council is composed of two houses, the members of the 
upper house are sometimes chosen from the city at large on 
a general ticket, and the members of the lower house by 
wards. In San Francisco, where the council is composed 
of but one house, the eighteen members are elected from 
the city at large. The same is true of Boston, whose coun¬ 
cil under the new charter is composed of but nine members. 

The method of election by wards is open to the objec¬ 
tion that it tends to the election of inferior men and of 
men who are likely to consider themselves the special 
representatives of their wards rather than the representa¬ 
tives of the people of the city at large. On the other hand, 
election from the city at large, or election of several mem¬ 
bers from large districts on a general ticket, unless coupled 
with a system of minority representation, is likely to give 
the majority party an undue advantage. Perhaps the 
best plan would be to elect a certain number from the city 
it large and the rest by wards. 

Moreover, in some cities, of which Chicago is a conspic¬ 
uous example, the ward system has led to inequality of 
representation. Thus it has sometimes happened that cer¬ 
tain wards which are largely inhabited by the worst elements 


THE CITY COUNCIL 


37 

of the population are over-represented as compared with 
wards in other parts of the city inhabited largely by the 
better class of citizens. Finally, where the ward system 
prevails, the ward becomes the seat of a local political 
organization whose methods are so often corrupt and dis¬ 
honorable that they constitute a great hindrance to good 
city government. 

Powers of City Councils.—Unlike the state legislature, 
which is an authority of general powers, the city council in 
America has only such powers as are conferred upon it by 
the charter of the city. These powers are numerous and 
varied and relate to such matters as the laying out and 
care of streets, the protection of the public health, the 
regulation of the sale of liquor, the control of places of 
public amusement, markets, bathing places, traffic on the 
streets, the suppression of vice and immorality, protection 
against fire, the disposal of waste, the lighting of the 
streets, and in general the preservation of the good order 
and peace of the community. Its powers are exercised 
usually through acts called ordinances, which are framed 
and enacted after the manner followed by the legislature 
in enacting laws for the government of the state. The 
power of the council is frequently limited by the state con¬ 
stitution or laws. Thus very frequently it is forbidden to 
incur debts beyond a certain hmit, or to levy taxes above a 
certain amount, and frequently the purposes for which 
taxes may be levied and money appropriated are carefully 
specified. 

Franchises .—One of the most important powers of a 
city council is the granting of franchises to street railway, 
gas, electric light, water, and other public service com¬ 
panies to maintain tracks, wires, pipe lines, etc., in the 
streets and other public places. As these franchises are 


MUNICIPAL GOVERNMENT 


58 

often of great value to the companies receiving them, a 
temptation is thus created for the employment of bribery 
and other improper means for securing concessions of this 
character. In some cities aldermen have been paid large 
sums of money for their votes on franchise grants, and in¬ 
deed the practice has been so often resorted to that there 
is a popular belief that most public utility franchises in' the 
larger cities are secured in this way. Formerly franchises 
were frequently granted for long periods of years or for an 
indefinite period, and often without adequate compensation 
to the city. This abuse became so common that the people 
gradually came to adopt constitutional provisions or state 
laws limiting the periods for which public service franchises 
could be granted, and indeed a few, notably those which 
have adopted the commission form of government, have 
gone to the length of making all such grants subject to 
the approval of the voters of the city at an election held 
for the purpose. 

The Mayor.—The chief executive officer of the city is 
the mayor. With a few unimportant exceptions he is 
elected by the qualified voters of the city and serves for a 
term varying from one to four years, the most usual term 
being two years. In Boston, Chicago, and New York city, 
however, the term is four years. 

Powers and Duties .—It is the duty of the mayor to en¬ 
force the ordinances of the city and also such laws of the 
state as he may be charged with executing. Like the 
sheriff of the county, he is a peace officer and as such is 
charged with the maintenance of order and the suppres¬ 
sion of riots, and if a disturbance becomes so great that it 
cannot be suppressed by the police he may, like the sheriff, 
call on the governor for the militia. In some cities he is 
the presiding officer of the city council, though not a mem- 


THE MAYOR 


39 


ber of it. Generally he is required to submit messages to 
the council concerning the condition of the city, and may 
recommend measures for its consideration. Practically 
everywhere he has the power to veto ordinances passed by 
the city council, and some mayors have made extensive use 
of this power. The council, however, may pass an ordi¬ 
nance over the mayor’s veto. 

One of the important powers of the mayor is the ap¬ 
pointment of officials, though usually the assent of the 
council is necessary to the validity of most appointments. 
In recent years there has been a considerable extension of 
this power in a number of the large cities, where the mayor 
has been given the absolute power of appointing the heads 
of the administrative departments. Indeed, the tendency 
now seems to be in the direction of concentrating larger 
powers of appointment in his hands as a means of fixing 
responsibility more definitely. There is also a tendency in 
the direction of giving him a large power of removal, sub¬ 
ject to the provision that the official shall be removed only 
for good cause and that he shall be given a hearing and an 
opportunity to answer the charges made against him. 

Finally, the mayor usually has the power to grant par¬ 
dons for violations of the ordinances of the city, and this 
power is sometimes extensively used. Thus during the 
year 1909 the mayor of Chicago released more than 1,100 
offenders who had been committed to prison, or about 
10 per cent of the whole number committed. In some 
cities also he may remit fines that have been paid for vio¬ 
lations of city ordinances. 

Administrative Departments —Single Commissioner Sys¬ 
tem vs. the Board System.—In every large city there are, in 
addition to the mayor, a number of departments each 
charged with the conduct of some particular branch of the 


MUNICIPAL GOVERNMENT 


40 

city^s affairs. They are organized on one of two principles; 
each is under the control either of a board or of a single 
commissioner. Each method of organization has its ad¬ 
vantages and disadvantages, but experience has shown 
that the single-headed department is the one best calcu¬ 
lated to secure efficiency and responsibility, and it is the 
one most generally employed. The board system is well 
adapted to secure deliberation, but not promptness and 
unity of action nor responsibility, because one member 
may easily shift the responsibility for an error or blunder 
upon his colleagues. But for certain branches of admin¬ 
istration such as the civil service, park administration, school 
administration, assessments, and possibly others, the board 
system has important advantages. 

Number of Departments .—The number of these adminis¬ 
trative departments varies widely among the different 
cities of the country. In general we find the following de¬ 
partments: a finance department, a law department, a 
health department, a fire department, a police department, 
a department of charities, and a department of public 
works. In some cities, however, the number of departments 
is much larger than this. Thus in some we find a street 
cleaning department, a department of buildings, a sewer 
department, a department of parks, a department of docks, 
and so on. 

Choice of Heads of Departments .—The heads of these 
departments are in most cases appointed by the mayor, 
to whom they are responsible, though nearly everywhere 
the approval of the council is necessary to his appointments. 
In recent years there has been more or less criticism of the 
practice of choosing administrative officials by popular elec¬ 
tion. In every large city there is a great mass of unintelli¬ 
gent voters who are easily controlled by corrupt and schem- 


ADMINISTRATIVE DEPARTMENTS 


41 


ing politicians. Moreover, it is impossible for the voters 
in a large city, however intelligent they may be, to become 
acquainted with the merits of all the numerous candidates 
when there are a considerable number of offices to be filled. 
It is beheved by many municipal reformers, therefore, that 
better results could be obtained by allowing the mayor to 
choose all the heads of important departments, except pos¬ 
sibly the chief finance officer, who might properly be 
chosen by the people. For the selection of the large num¬ 
ber of subordinate officials, the best method yet devised is 
that known as the civil service system, which has been in¬ 
troduced in most of the larger cities. Under this system 
appointments are made on the basis of merit and fitness, 
which quahties are ascertained by an examination by a 
board of civil service commissioners. 

City Finances.—One of the most remarkable features of 
American municipal development has been the extraor¬ 
dinary growth of municipal expenditures. The functions 
and activities of modern city government are indeed so 
numerous and varied as to require a larger number of 
officials and a greater expenditure of money than is re¬ 
quired for the conduct of any other of the various govern¬ 
ments under which we live. By far the larger part of the 
taxes contributed by those who live in the cities go to meet 
the expenses of municipal government. In 1918 the budget 
of New York city was over $238,000,000, while that of 
Chicago was about $90,000,000, in each case the amount 
being about five times as great as the appropriations for the 
support of the government of the state in which the city is 
situated. The annual cost of operating our largest city 
exceeds what was required to maintain the national govern¬ 
ment in its early days, and is greater than the national 
budget of a number of European countries to-day. New 


42 


MUNICIPAL GOVERNMENT 


York city in 1910 had a debt almost as large as the national 
debt, her annual interest account alone being in the neigh¬ 
borhood of $30,000,000. The proper raising and expendi¬ 
ture of such vasfsums of money is one of the most difficult 
tasks of a city government. For this purpose there are 
assessors, collectors, treasurers, comptrollers or auditors, 
and various other officials. The levying of the taxes is 
everywhere a power of the city council, though in many 
states the amount of taxes which may be levied by it is 
limited—usually to a certain percentage of the value of' 
the taxable property within the city, and in some states' 
the limit is fixed so low that the cities are handicapped in 
raising sufficient revenue to meet their expenses. The 
purpose of such restrictions is to prevent extravagance and 
wastefulness, and the history of many of our cities proves 
that they have, in general, served a good purpose. 

Sources of Municipal Taxation .—The principal source of 
income for city, as for state and county, purposes is the 
general property tax, though cities are usually allowed to 
levy a great variety of other taxes, such as taxes on cer¬ 
tain trades and businesses. Many cities derive a large 
portion of their income from license taxes on saloons. New 
York, for example, receives about $8,000,000 a year from 
this source. Some cities receive a considerable income 
from franchises granted to public corporations. Thus Chi¬ 
cago receives a large percentage of the earnings of some 
of the street railways, the amount aggregating more than 
$1,500,000 a year. In many cities the expense of public 
improvements, particularly street paving and the laying of 
sidewalks, is met by what are called ‘‘special assessments,” 
that is, assessments laid upon the owners of the property 
benefited, in proportion to the benefits received from the 
improvement. 


CITY FINANCES 


43 

Municipal Expenditures .—^Appropriations are in most 
cities made by the city council subject to certain rules and 
restrictions'prescribed by state law. In New York city, 
however, the budget is prepared by a board of estimate and 
apportionment composed of a few high city officers, and in a 
few other cities the preparation of the budget is intrusted to 
other authorities than the city council. To secure accuracy 
and honesty in the expenditure of city funds, provision is 
commonly made for auditing the accounts of financial 
officials, and in a few states like Ohio, Indiana, and Iowa, 
provision is made by law for state inspection and audit of 
municipal accounts by state examiners. This plan has 
proved very effective. In one state, these inspectors found 
that municipal officials had misappropriated more than 
$500,000, over half of which was recovered and turned into 
the proper treasuries. In a number of cities where the 
commission form of government has been adopted provi¬ 
sion is made for monthly financial statements which 
must be pubHshed in the local newspapers, and for 
annual examinations of city accounts by expert ac¬ 
countants. 

City Debts .—For the construction of permanent im¬ 
provements, the erection of public buildings, and the es¬ 
tablishment of commercial enterprises such as waterworks 
and gas works, cities must borrow money; and so one of 
the powers always given-them is that of incurring debts. 
This power, however, was greatly abused in the early his¬ 
tory of our municipal development—^so much so that 
many cities found themselves on the verge of bankruptcy. 
In order to check this evil, many states have placed a 
limit upon the municipal borrowing power, and some have 
provided that whenever a debt is incurred, provision shall 
be made at the same time for payment of the interest and 


44 


MUNICIPAL GOVERNMENT 


the principal within a certain period of years. The debt 
limit is usually a certain percentage of the assessed valua¬ 
tion of the taxable property within the city. It ranges 
from 2 per cent in Boston, to lo per cent in New York. 
In some cases the limit is so low that cities have been handi¬ 
capped in constructing needed permanent improvements. 
Thus in Chicago, where property has been assessed at only 
one fifth of its real value, the result of the debt limitation 
has been to render extensive improvements very difficult, 
and to compel the city to meet the expense of many abso¬ 
lutely necessary undertakings out of its current revenues 
when the cost should have been distributed over a period 
of years. Chicago, as a consequence, has the smallest debt 
of any of the large cities of the country. 

Police Protection.—Where large numbers of people are 
living together in close proximity the problem of maintain¬ 
ing order and preventing some from violating the rights of 
others is very much greater than in sparsely settled rural 
communities. One of the principal tasks of the authorities 
in a city, therefore, is to provide police protection for the in¬ 
habitants. This is done through the agency of a body of 
men organized and uniformed somewhat after the manner 
of an army. The size of this force varies ordinarily in pro¬ 
portion to the population of the city. In New York city, 
for example, the entire police force numbers more than 
10,000 men—a body as large as the army of the United 
States was in the early days of our history. In Chicago 
there are altogether some 8,ooo men in the police service of 
the city. 

Organization .—The management of the police force is 
usually under the direction of an official called a commis¬ 
sioner, superintendent, or chief, though in some cities it is 
controlled instead by a board. In a few cities this board is 


POLICE PROTECTION 


45 

appointed by some state official, usually the governor, for 
it is believed by many persons that since the police are 
charged with enforcing state laws as well as municipal or¬ 
dinances, they should be under state rather than local 
control. Where they are entirely under local control, it is 
sometimes difficult to secure the enforcement of such state 
laws as those requiring saloons to be closed at certain 
hours during the night and on Sundays, especially when 
local sentiment is opposed to such restrictions. Below the 
head of the police force are usually deputy chiefs, inspec¬ 
tors, captains, sergeants, roundsmen, and finally the patrol¬ 
men. The city is usually divided into precincts, in each of 
which there is a police station under the charge of a ser¬ 
geant or some other official. A number of precincts are 
grouped together in districts with an inspector in charge 
of each, and so on. In the large cities there are also usually 
special detachments of the police force organized for special 
services. Such are the mounted police, the bicycle squad, 
the river and harbor police, the sanitary police, and the 
detective force. 

Police Corruption .—The control of the police branch of 
the city service is very difficult because of the opportunities 
for corruption which are open to the members of the force. 
It has not infrequently happened that the police in the large 
cities have systematically sold the right to violate the law. 
Gambling houses, saloons, and other places of vice some¬ 
times regularly pay members of the police force for the 
privilege of violating the law, and the heads of the force 
have frequently found it impossible to prevent the prac¬ 
tice. A recent police commissioner in New York, for ex¬ 
ample, said that there was an organized system among the 
police of his city for selling the right to violate the law; 
that many of the captains and inspectors had grown rich 


MUNICIPAL GOVERNMENT 


46 

out of the proceeds, and that the system was so thoroughly 
intrenched that he was powerless to break it up. 

Health Protection.—In densely populated districts the 
danger from the spread of disease is much greater than in 
rural communities where the conditions which breed dis¬ 
ease are less prevalent, and where the spread of epidemics 
may be more easily prevented. In the smaller cities the 
chief health authority is a board, but in the large cities 
there is usually a department of health at the head of which 
is a single commissioner. Other officials are inspectors of 
various kinds, analysts, collectors of statistics, superin¬ 
tendents of hospitals, etc. 

Work of the Health Department .—Among the principal 
duties of the health authorities are the inspection and 
abatement of unsanitary places and the suppression of nuis¬ 
ances; the inspection of public buildings and sometimes of 
private dwellings with special reference to drainage; the 
removal of garbage and other refuse (in some cities); the 
inspection of the city water supply; the inspection of food, 
particularly milk; the control of certain establishments of an 
offensive character, such as slaughterhouses, soap factories, 
and fertilizer factories; the vaccination of school children 
and often of other persons, as a precaution against smallpox; 
the isolation and quarantine, of persons suffering from con¬ 
tagious diseases; the maintenance of pesthouses and hospi¬ 
tals; and the collection of vital statistics. 

One great source of disease in cities is impurity of the 
food supply, especially of milk, and much of the activity 
of the health department is directed toward the inspection 
of milk and other food. Crowded, ill-ventilated, and 
poorly constructed dwellings are another source of dis¬ 
ease, and many cities have undertaken to prevent this 
evil as far as possible through tenement house laws and 


HEALTH PROTECTION 


47 


building regulations requiring dwellings to be constructed 
according to plans prescribed by law. The enforcement 
of these laws often devolves upon the health department, 
which carries out a rigid system of inspection. 

In recent years much more attention than formerly has 
been given to the' problems of health administration, and 
great improvement has been made. So efficient is the health 
administration of some of our large cities that the death 
rate in proportion to the population is actually lower than 
it is in many small country towns where little or no atten¬ 
tion is paid to this important branch of administration. 

Fire Protection.—The danger from fire, like that from 
disease, is obviously greater in crowded cities than in 
country districts. Therefore, every large city and most 
small ones maintain an organized fire department. In the 
days of small cities reliance upon voluntary unpaid fire 
companies was the rule, and this is true even to-day in 
many of the smaller towns and cities. In the larger cities, 
however, there are organized professional companies, the 
members of which give all their time to the service and are 
paid regular salaries. New York city has more than 4,000 
men in its fire department, 1,000 horses, some 200 fire en¬ 
gines, a number of fire boats, and hundreds of thousands of 
feet of hose. At the head of the department there is usually 
an official called a fire chief or fire marshal, appointed by 
the mayor. The rank and file of the department are under 
civil service rules, the employment is of a permanent char¬ 
acter, and many cities have provided a system of pensions 
for members who have grown old or are disabled from 
injuries. 

Great improvement has been made in the methods of 
fighting fires and in the character of the apparatus employed, 
so that the danger from loss by fire has greatly diminished. 


MUNICIPAL GOVERNMENT 


48 

Furthermore, the more general use of brick and stone for 
building purposes in the larger cities has made the danger 
from fire much less than in the old days when most houses 
were built of wood. Many cities have what are called ^‘fire 
limits,” that is, districts in which it is forbidden to erect 
wooden buildings. 

Municipal Public Utilities.—People crowded together in 
cities depend largely upon public service companies for 
their water supply, for electric light and gas, for telephone 
service, and for the means of transportation. The furnish¬ 
ing of each of these services, from the very nature of the 
case, tends to become a natural monopoly. Moreover, 
such companies must use the city streets in serving their 
patrons. It follows, therefore, that they must be subject 
to public control, otherwise the public might be charged 
exorbitant prices and the use of the streets by the citizens 
unnecessarily interfered with. Before engaging in a serv¬ 
ice of this kind, therefore, the street railway company 
must secure permission from the city to lay tracks on the 
streets and to operate cars thereon. Likewise a telephone 
or electric light company must have permission to erect 
its poles on the streets or alleys, and a gas or water com¬ 
pany must have authority to tear up pavements and put 
its pipes and mains under the streets. 

Franchises .—The permit thus granted is called a ^‘fran¬ 
chise,” and is in the nature of a contract between the 
city and the company. Public service franchises are often 
of great value to the companies which receive thetn, for 
the business of these companies in a large city is apt to be 
very profitable. Sometimes the dividends which they pay 
their stockholders are very large, and not infrequently, to 
deceive the public as to the real amount, the profits are 
concealed by “watering” the stock, that is, by increasing 



Municipal Lighting, Denver, Colorado 



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MUNICIPAL PUBLIC UTILITIES 


49 

it beyond the amount of the capital actually invested. Ex¬ 
perience has shown that in granting franchises certain re¬ 
strictions or conditions should be placed on the companies 
to whom they are granted. 

First of all, the duration of the franchise should be lim¬ 
ited. Formerly, it was not uncommon to grant franchises 
for fifty or one hundred years, and indeed sometimes for an 
indefinite period. The objection to this practice is that 
with the growth of the city, the increased value of the 
franchise resulting from such growth goes entirely to the 
company, while the city is deprived of the opportunity of 
making a better bargain with the company. A franchise 
ought, however, to be for a period sufficiently long to en¬ 
able the company to derive a reasonable return on its in¬ 
vestment. Obviously, no company could afford to estab- 
Hsh an electric light plant or gas plant if its franchise were 
limited to a period as short as five years. The better opin¬ 
ion now is that twenty or twenty-five years is a reasonable 
period, and the constitution or statutes of a number of 
states forbid the granting of franchises for a longer period. 

Frequently the franchise contains provisions in regard 
to the rates to be charged and the quahty of service to be 
performed. In many states there are state commissions 
which have power to supervise the operations of all public 
service corporations and in some cases even to fix the rates 
which they shall be allowed to charge. As long as such 
rates are reasonable, that is, high enough to allow the cor¬ 
poration a reasonable return on its investment, the courts 
will not interfere. 

It is now the practice to require public service com¬ 
panies to pay a reasonable compensation for the franchises 
which they receive. This is usually a certain percentage 
of the gross receipts, or sometimes, in the case of street 
Govt. U. S .—4 


MUNICIPAL GOVERNMENT 


.50 

railway companies, a certain sum for each car operated. 
When the compensation is a certain percentage of the re¬ 
ceipts, provision ought to be made for examination of the 
books of the company in order to prevent the public from 
being defrauded of its share of the earnings. 

Municipal Ownership.—Sometimes, instead of relying 
upon private corporations to supply the people with water, 
gas, and electric light, the city itself undertakes to do 
this. Very many cities own their waterworks,^ while some 
own their electric light plants, and a few own their gas 
plants. In Europe, municipal ownership and operation of 
such public utilities is very common, and even the telephone 
and street railway services are often supplied by the city. 

The advantages claimed for municipal ownership are that 
better service will be furnished when the business is con¬ 
ducted by the city, because in that case it will be operated 
solely with the interest of the public in view; and, secondly, 
the cost of the service to the community will be less because 
the earning of large dividends will not be the main end in 
view. The principal objection urged against municipal 
ownership in the United States is that spoils ’’ politics still 
play such an important part in our city government that 
the management of such enterprises is likely to fall into the 
hands of incompetent politicians and party workers. Ex¬ 
perience with municipal ownership has been satisfactory in 
a great many cases where it has been tried, although the 
principle upon which it rests is contrary to the notions of 
many people in regard to the proper functions of government. 

Municipal Courts.—In every city there are certain in¬ 
ferior courts called by various names, police courts, magis¬ 
trates’ courts, or municipal courts, which have jurisdiction 

^ The Census Bureau reported in 1916 that 155 of the 204 cities having 
populations in excess of 30,000 owned their water supply systems. 


MUNICIPAL COURTS 


51 


over offenses against the ordinances of the city. These 
courts constitute a very important part of our governmental 
machinery, and they have rarely received the consider¬ 
ation which their importance requires. They are practi¬ 
cally courts of last resort for a large number of persons 
charged with minor offenses, and from them many igno¬ 
rant persons in the large cities gain their impression of 
American institutions. In the city of New York, for ex¬ 
ample, more than 100,000 persons are brought before these 
courts every year. 

The magistrates who hold municipal courts are often 
men of little or no legal training, and the experience of 
some cities has been that many of them are without in¬ 
tegrity. Recently there has been much discussion of how 
to improve the character and usefulness of these courts, and 
in several cities notable reforms have already been intro¬ 
duced. The Chicago municipal court recently established 
is an excellent example of what can be accomplished in 
this direction. It consists of thirty-one judges, and the 
salary paid them is sufficiently large to attract well-trained 
lawyers of respectability. The procedure of the court is 
simple and it is so organized as to dispatch rapidly the 
cases brought before it, so that justice is administered more 
swiftly, perhaps, in this city than in any other in America. 

The Commission Plan of Government.—The increasing 
dissatisfaction with the government of our cities by mayor 
and councils has recently led a number of cities to abandon 
the system for a new method known as the commission 
plan. The principal feature of this method is that all the 
powers of government heretofore exercised by the mayor 
and council are intrusted to a small commission usually 
chosen from the city at large. The plan was first put into 
operation in the city of Galveston after the great storm of 


MUNICIPAL GOVERNMENT 


52 

1900 which destroyed the lives of some 6,000 of its citizens 
and left the city in a condition of bankruptcy. 

Under the new charter which was adopted, practically 
all the powers of government were vested in a mayor and 
four commissioners, each of these men being put in charge 
of one of the five departments into which the administra¬ 
tive service was divided. 

Merits .—Several advantages are claimed for this plan of 
municipal government. In the first place, it does away with 
the evils of the ward system by providing that the com¬ 
missioners shall be chosen from the city at large, and this 
tends to secure the election of men of larger abihty. Again, 
it is argued that a small body of men is better fitted to 
govern a city than a large council composed of members 
who consider themselves the special representatives of the 
petty districts from which they are chosen. , The affairs 
of a city are necessarily complex and often technical in 
nature and require for their special management skill and 
efficiency. City government is often compared to the man¬ 
agement of a business enterprise like a bank or a manu¬ 
facturing concern, which, as experience has shown, can be 
better conducted by a small board of directors than by 
the whole body of stockholders. Finally, the concentra¬ 
tion of the powers of the city in a small body of men tends 
to secure a more effective responsibility than can be secured 
under a system in which the responsibihty is divided be¬ 
tween the mayor and council. 

Objections .—The chief objections that have been urged 
against the commission plan are that, by intrusting both 
the legislative and the executive power to the same hands, 
it sacrifices the principle of the separation of powers—a 
principle long cherished in America. In the second place, 
by doing away with the council, it sacrifices to a certain 


COMMISSION PLAN OF GOVERNMENT 


53 

extent the representative principle and places all the vast 
powers of the city in the hands of a few men. 

Nevertheless, the system has much to commend it, and it 
has been adopted in about four hundred towns and cities. 

The City Manager Plan.—A still more recent form of 
municipal government vests the management of the affairs 
of the city in a single person, called the city manager. He 
is paid a reasonably "high salary and is chosen by the com¬ 
mission because of his expert knowledge. This plan has 
been introduced in Dayton, Springfield, and Sandusky, 
Ohio; Newburgh and Niagara Falls, New York; Sumter, 
South Carolina; Jackson, Grand Rapids, and Kalamazoo, 
Michigan; San Diego and Alameda, California; and some 
seventy other cities and towns. 

Village Government.—Differing from cities chiefly in 
size and in the extent of governmental powers, are small 
municipal corporations variously called villages, boroughs, 
and incorporated towns. The procedure of incorporation is 
usually by petition from a certain number of the inhabitants, 
and a popular vote on the question. The law generally 
prescribes a minimum population, which is usually small— 
sometimes as low as one hundred inhabitants. 

Village Officers .—The principal authority is usually a 
small board of trustees or a council, consisting of from 
three to seven members elected from the village at large, 
though in some instances the number is larger, and some 
villages have the ward system. The village board is 
empowered to adopt ordinances relating to police, health, 
and other matters affecting the good order and welfare 
of the community. They may levy taxes, borrow money, 
open and construct streets, construct drains, establish water 
and lighting plants and the like, and may license ped¬ 
dlers, hack drivers, and other persons who use the streets 


MUNICIPAL GOVERNMENT 


54 

for the conduct of their business. The chief officer of the 
village is the mayor, president, or chairman of the trustees, 
elected either by the voters or by the trustees. There is 
also usually a clerk or recorder, a treasurer, a marshal or 
constable, and sometimes a street commissioner, a justice 
of the peace, and an attorney. 

When the population reaches a certain number, which 
varies in the different states (pp. 25-26), the village organ¬ 
ization is put aside, the community organizes itself into a 
city, takes on a more elaborate organization, receives larger 
powers, and undertakes a wider range of activities. 

References.— Beard, American Government and Politics, chs, 
xxvii-xxviii. Bryce, The American Commonwealth (abridged edi¬ 
tion), chs. xlix-li. Goodnow, City Government in the United States, 
chs. vi-xiii. Hart, Actual Government, ch. ix. Howe, The City the 
Hope of Democracy, chs. i-iv. Strong, The Challenge of the Cky, 
chs. ii-iii. Wilcox, The American City, chs. ii, iii, iv, v, vi, ix, x, 
xii, xiii. 

Documentary and Illustrative Material.—i. A copy of the city 
charter or municipal code of the state. 2. A copy of the revised or¬ 
dinances of the city. 3. The volume of the last census report dealing 
with the population of cities. 4. The latest census bulletin on statis¬ 
tics of cities. 5. A map of the city showing its division into wards, 
police and fire districts, sewer districts, etc., and the location of the 
oity building, police stations, fire stations, the source of the water 
supply, parks, slum districts, etc. 6. A copy of the last city budget 
and tax ordinance. 7. A copy of a paving or other public improve¬ 
ment ordinance. 

Research Questions 

I. What is the population of the largest city in your state? its 
area? How many cities in your state have a population of 8,000 or 
over? What percentage of the total population is found in the cities? 
How much faster has the city population grown during the past 
decade than the rural population? What percentage of the popula¬ 
tion of your city is foreign-born? 


RESEARCH QUESTIONS 55 

2. WTiy do cities require a different form of government from that 
tvhich is provided for rural communities? 

3. What are the provisions in the constitution of your state, if any, 
in regard to the government of cities? 

4. How many representatives does the largest city of your state 
have in the legislature? What proportion of the total membership 
is it? Are there any constitutional restrictions upon the number of 
members of the legislature which may be elected from any one city? 

5. Are there any restrictions upon the power of the legislature of 
your state to enact special legislation applying to a single city? If so, 
what are they? 

6. If you live in a city, when did it receive its present charter? 
What are the provisions in the charter relating to the organization 
and powers of the city? 

7. Do you think the people of a city should be allowed to frame 
their own charter and govern themselves without interference on the 
part of the state legislature? 

8. How many members are there in the city council of your city? 
Are they chosen by wards or from the city at large? What is their 
term and salary? In what ward do you live, and what is the name of 
the alderman or aldermen from that ward? 

9. For what term is the mayor of your city or town elected? To 
what political party does he belong? Does he preside over the meet¬ 
ings of the city council? What officers, if any, does he appoint? 

10. Name the administrative departments in your city. Are they 
organized according to the board system, or is each under the con¬ 
trol of a single official? 

11. Does your city have a civil service law under which appoint¬ 
ments to the municipal service are made on the basis of merit? If so, 
what are its principal provisions? 

12. Does the city own and operate its waterworks plant, or is the 
water supply furnished by a private company? Does the city own 
and operate any of its other public utilities, such as the electric light 
or gas plant? If not, what are the terms of the franchises under which 
they are operated by private companies? Do these companies pay 
the city anything for the privilege of using the streets? 

13. What are the duties of the public utilities commissions in New 
York and Wisconsin? Do you think the policy of regulation prefer¬ 
able to municipal ownership and operation? 


MUJNIUIFAJL UUVi^.KNMii;jNl' 


5f> 

14. How is the cost of street and sidewalk paving met in your 
city,—by special assessment on the property benefited, or by appro¬ 
priation out of the city treasury? 

15. What is the method of garbage disposal in your city? 

16. Describe the organization and activities of the health author¬ 
ity in your city. What does it do to secure a supply of clean and 
pure milk? 

17. Are there any improvement leagues or civic organizations 
working for the uplift and good government of your city? What are 
their methods, and what are some of the specific services they have 
rendered? 

18. What are the principal sources of revenue in your village or 
city? If there are any saloons, what is the amount of the license 
fee paid by them? W^hat is the rate of taxation on the taxable prop¬ 
erty? 


CHAPTER III 


THE STATE GOVERNMENTS 

Place of the States in Our Federal System.—Proceed¬ 
ing upward from the county, township, and city, we come 
to the state, the authority to which the local governments 
described in the preceding chapters are all subject. The 
consideration of state government properly precedes the 
study of national government, not only because the states 
existed before the national government did, and in a sense 
furnished the models upon which it was constructed, but 
because their governments regulate the larger proportion 
of our public affairs and hence concern more vitally the 
interests of the mass of people than does the national 
government. 

The states collectively make up our great republic, but 
they are not mere administrative districts of the union 
created for convenience in carrying on the affairs of national 
government. They do not, for example, bear the same re¬ 
lation to the union that a county does to the state, or a 
township to the county. A county is nothing more than a 
district carved out of the state for administrative con¬ 
venience, and provided with such an organization and 
given such powers of local government as the state may 
choose to give it. The states, on the other hand, are not 
creations of the national government; their place as con¬ 
stituent members of the union is determined by the Federal 

57 


THE STATE GOVERNMENT 


58 

Constitution, framed by the people of the United States, 
and their rights and obligations are fixed by the same 
authority. Each state, however, determines its own form of 
government and decides for itself what activities it will 
undertake. 

Division of Powers.—The Federal Constitution has 
marked out a definite sphere of power for the states, on 
the one hand, and another sphere for the national govern¬ 
ment on the other, and each within its sphere is supreme. 
Upon the domain thus created for each the other may not 
encroach. Each is kept strictly within its own constitu¬ 
tional sphere by the federal Supreme Court, and the bal¬ 
ance between the union and its members is harmoniously 
preserved. 

The states were already in existence with organized gov¬ 
ernments in operation when the national government was 
created. The founders of the national government con¬ 
ferred upon it only such powers as experience and reason 
demonstrated could be more effectively regulated by a 
common government than by a number of separate govern¬ 
ments; they left the states largely as they were, and limited 
their powers only so far as was necessary to establish a more 
effective union than the one then existing. Experience 
had taught them, for example, that commerce with foreign 
countries and among the states themselves should be regu¬ 
lated by a single authority acting for the entire country: 
only in this way could uniformity be secured, and uni¬ 
formity in such matters was indispensable to the peace and 
perpetuity of the union. Accordingly, the national govern¬ 
ment was vested with power over this and other matters 
which clearly required uniformity of regulation, and the 
remaining powers of government were left with the states, 
where they had always been. Thus it came about that the 


DIVISION OF POWERS 


59 

national government was made an authority ot enumerated 
or delegated powers, while the states have reserved powers. 

Prohibitions .—It was thought wise, however, to pro¬ 
hibit both the national government and those of the states 
from doing certain things, and thus we find provisions in 
the Federal Constitution forbidding both governments from 
granting titles of nobility, from passing ex post facto laws, 
bills of attainder, etc. Likewise the states were prohibited 
from entering into treaties with foreign countries, from 
coining money, from impairing the obligation of contracts, 
and from passing laws on certain other subjects which it 
was clearly unwise to leave to state regulation. 

Powers of the States.—The powers left to the states, 
unlike those conferred upon the national government, can¬ 
not be enumerated. They are so varied in character, and 
so extensive, that an attempt to enumerate them would in¬ 
volve cataloguing all the multitudinous business and social 
relationships of life. The powers of the national government 
seem much greater by comparison than those of the states, 
partly because they are set forth in the Constitution and 
partly because of their application throughout the entire 
country, but in reality they are not only far less numerous 
but affect less vitally the great mass of the people. The 
powers of the states include such matters as the regulation 
of the ownership, use, and disposition of property; the con¬ 
duct of business and industry; the making and enforcing of 
contracts; the conduct of religious worship; education; mar¬ 
riage, divorce, and the domestic relations generally; suf¬ 
frage and elections; and the making and enforcement of the 
criminal law. In the division of governmental powers be¬ 
tween the nation and the state, says Bryce, the state gets 
the most and the nation the highest, and so the balance 
between the two is preserved. 


6 o 


THE STATE GOVERNMENT 


“An American,” says Mr. Bryce, “may, through a long life, never 
be reminded of the federal government except when he votes at presi¬ 
dential and congressional elections, buys a package of tobacco bear¬ 
ing the government stamp, lodges a complaint against the post 
office, and opens his trunks for a customhouse officer on the pier at 
New York when he returns from a tour in Europe. His direct taxes 
are paid to officials acting under state laws. The state or local au¬ 
thority constituted by state statutes registers his birth, appoints his 
guardian, pays for his schooling, gives him a share in the estate of his 
father deceased, licenses him when he enters a trade (if it be one need¬ 
ing a license), marries him, divorces him, entertains civil actions 
against him, declares him a bankrupt, hangs him for murder; the 
police that guard his house, the local boards which look after the 
poor, control highways, impose water rates, manage schools—all these 
derive their legal powers from his state alone.” 

Rights and Privileges of the States as Members of the 
Union.—The states have certain rights and privileges which 
are guaranteed them by the Federal Constitution, and of 
which they cannot be deprived by the national government 
without their consent. 

Republican Government. —Thus it is made the duty of 
the United States to guarantee to every state in the union 
a republican form of government, that is, a government by 
the chosen representatives of the people of the state. In 
a few cases rival governments have been set up in a state, 
each claiming to be the legitimate government and en¬ 
titled to the obedience of the people; the one recognized 
by the federal authorities has always prevailed. 

Protection Against Invasion. —It is also made the duty of 
the national government to protect the states against in¬ 
vasion. This is right and proper, since the states are for¬ 
bidden by the Constitution to keep ships of war or troops 
in times of peace. 

Protection Against Domestic Violence. —Again, it is made 
the duty of the national government to protect the people 


STATES AS MEMBERS OF UNION 6l * 

of the states against domestic violence arising from insur¬ 
rection or riots, provided that application has been made by 
the proper state authorities. The purpose of this proviso 
is to remove the temptation to federal interference in state 
affairs for political or other reasons against the wishes of 
the people of the state. The ordinary procedure for the 
suppression of a local disturbance is for the sheriff of the 
county, or the mayor of the city, to make use of the local 
police, and if necessary he may call upon the citizens to 
come to his aid. If this is not effective, the governor may 
be called upon to order out the state militia for the sup¬ 
pression of the riot. If, however, the riot should spread 
and assume such proportions that the power of the state 
and local authorities is insufficient, it becomes the right and 
duty of the governor, or the legislature if it be in session, to 
call on the President of the United States for the assistance 
of national troops. If in the President’s judgment the situa¬ 
tion is one which warrants federal intervention, he sends 
a detachment of troops from a near-by military post to 
restore order. Many times in our history federal troops 
have been used to put down riots where the state authori¬ 
ties had shown themselves incapable of maintaining order; 
two recent examples being in connection with strikes among 
the miners of Nevada in 1907, and of Colorado in 1914. 

Ordinarily the President has no lawful right to interpose 
in the affairs of the state by the employment of troops un¬ 
til he has received an application from the governor or the 
legislature, but if the disturbance is one which interferes 
with the operations of the national government or with 
the movement of interstate commerce, the President may 
intervene whenever in his opinion the situation calls for 
federal action. Thus during the Chicago strike riots of 
1894, President Cleveland ordered a detachment of federal 


- 62 THE STATE GOVERNMENT 

troops to that city against the protests of the governor, 
upon being assured that the strikers were interfering with 
the movement of the mails and with the conduct of inter¬ 
state commerce and were also disregarding the writs and 
processes of the United States courts. The interference 
of the President was criticized by some persons, but the 
great body of citizens approved his course, and the United 
States Supreme Court upheld the validity of his action. 

Other Rights of the States .—Among the other rights of 
the states under the Federal Constitution may be mentioned 
the right of equal representation in the senate, a right of 
which no state can be deprived without its consent, and 
the right of territorial integrity: no new state may be 
created within the jurisdiction of another state, nor may 
any state be formed by the junction of two or more states 
or parts of states, without the consent of the states con¬ 
cerned. 

Obligations and Duties of the States.—Rights and priv¬ 
ileges usually imply obligations, and so we find that the 
states owe certain duties to one another and to the union 
of which they are a part, and the harmony and success of 
the federal system are dependent in a large measure upon 
the performance of these duties in good faith. 

Full Faith and Credit .—First of all, each state must give 
full faith and credit to the acts, judicial proceedings, and 
records of the other states. This means, for example, that 
a properly authenticated copy of a will or deed duly exe¬ 
cuted in one state will be taken notice of and rights de¬ 
pending on it will be enforced in other states as though the 
instrument were made therein. Likewise, a marriage legally 
celebrated in one state will usually be treated as vahd in 
another state, and the facts of a case at law will be recog¬ 
nized in other states without the necessity of retrial. The 


OBLIGATIONS AND DUTIES OF STATES 63 

provision as to full faith and credit does not mean that one 
state must enforce within its borders the laws of other 
states, or that its courts in reaching their decisions are 
bound by the decisions of the courts of its sister states. 
As a matter of practice, however, courts in one state in 
deciding difficult questions of law will examine the deci¬ 
sions of the courts of other states on similar points for their 
own enlightenment, and will show respect for these deci¬ 
sions, the degree of deference depending on the standing of 
the judges rendering the decision and upon the similarity of 
the laws and policies of the states concerned. 

Surrender of Fugitives from Justice. —In the next place, it 
is made the constitutional duty of' the executive of each 
state to surrender criminals escaping from other states, in 
order that they may be returned for trial and punishment 
in the state from which they have fled. The demand for 
the surrender of such fugitives is made by the governor of 
the state from which the criminal has fled, and the gover¬ 
nor upon whom the demand is made ought to comply with 
it unless for very substantial reasons. There is no way, 
however, by which this obligation may be enforced, and 
there have been many cases where governors have refused 
to deliver up criminals escaping from other states—usually 
for the reason that, in the governor’s opinion, the fugitive 
would not receive a fair trial in the state from which he 
had fled. 

Treatment of Citizens of Other States. —Still another obli¬ 
gation imposed by the Federal Constitution on the states 
is that of treating the citizens of other states as they treat 
their own citizens, i. e., without discrimination. But this 
obligation has reference rather to civil rights than to politi¬ 
cal privileges. It does not mean that an illiterate man who 
is allowed to vote in Illinois may go to Massachusetts and 


THE STATE GOVERNMENT 


64 

vote where an educational qualification for the suffrage is 
required; nor does it mean that a woman who is allowed 
to practice law in one state may therefore practice in another 
state which excludes women from engaging in that pro¬ 
fession. What the provision does mean, is that whatever 
privileges and immunities a state allows to its own citizens, 
it must allow the citizens of other states on the same terms, 
and subject to’the same conditions and no more. Thus a 
state cannot subject the citizens of other states to higher 
taxes than are imposed upon its own citizens. 

Other Obligations. —Finally, it goes without saying that 
it is the duty of each state to treat its sister states in the 
spirit of comity and courtesy; to carry out the mandates of 
the Federal Constitution relating to the election of sena¬ 
tors, representatives, and presidential electors so as to 
keep up the existence of the national government; and, in 
general, to perform in good faith all their other obligations 
as members of the union, without the performance of which 
the republic would be a mere makeshift. The existence of 
the states is essential to the union, and their preservation 
is as much within the care of the Constitution as is the 
union itself. Indeed, the Constitution in all its parts, said 
the Supreme Court of the United States in a famous case, 
looks to an indestructible union of indestructible states. 

The State Constitution; how Framed.—The govern¬ 
mental organization of each of the states is set forth in a 
written instrument called a constitution. Unlike the con¬ 
stitutions of some of the European states, which were 
granted by kings, and unlike, also, those of the British 
self-governing colonies, which were enacted by Parliament, 
all the American constitutions now in existence were framed 
by constituent bodies representing the people, and in most 
cas^s they were approved by the people before they went 


THE STATE CONSTITUTION 65 

into effect. As Mr. Bryce has remarked, the American state 
constitutions are the oldest things in the political history 
of America. Before the Federal Constitution was framed 
each of the thirteen original states had a constitution of 
its own, most of them being framed by popular conventions 
chosen especially for the purpose. 

Later, when a territory asked to be admitted to the 
union as a new state. Congress, through what is called an 
“enabling act,” empowered the people of the territory to 
choose a convention to frame a constitution which, when 
submitted to the voters and approved by them, became the 
fundamental law of the new state. In a number of cases, 
however, the people of the territory went ahead on their 
own initiative, and without the authority of an enabling 
act framed their constitution and asked to be admitted, 
and sometimes they were admitted as though they had 
acted under the authority of Congress. Whenever an ex¬ 
isting state wishes to frame a new constitution for itself, 
the usual mode of procedure is for the legislature either to 
pass a resolution calling a convention, or to submit to the 
voters the question of the desirability of a new constitu¬ 
tion. A resolution calling a convention usually requires an 
extraordinary majority of both houses of the legislature, two 
thirds of the members being the most common rule. 

Ratification of New Constitutions.—When the draft of 
the constitution has been completed by the convention, it 
is usually submitted to the voters of the state at a general 
or a special election, and if it is approved by a majority of 
those voting on the constitution, or (in some states) of those 
voting at the election, it supersedes the old constitution 
and goes into effect on a day prescribed. In some instances, 
however, new constitutions were not submitted to popular 
vote; instead, the convention assumed the right to put them 
Govt. U. S.—5 


66 


THE STATE GOVERNMENT 


into effect without popular approval. Of the twenty-five 
state constitutions adopted before the year i8oi, only three 
were submitted to the voters for their approval, but as 
time passed the practice of giving the people an opportunity 
to approve or reject proposed constitutions became the 
rule. In the twenty years between 1890 and 1910 eight 
new constitutions were submitted to the people, and only 
five were put into force without popular ratification, 
namely, those of Mississippi (1890), South Carolina (1895), 
Delaware (1897); Louisiana (1898), and Virginia (1902). 

Frequency of New Constitutions.—The frequency with 
which the states revise their constitutions varies in differ¬ 
ent sections of the country. In New England new con¬ 
stitutions are rare, while in the states of the West and the 
South new constitutions are framed, on an average, at 
least once in every generation and sometimes oftener. 
Since the Revolution more than two hundred constitu¬ 
tions have been made by the states, though some of them 
never went into operation. Several of the states within a 
period of less than one hundred years have had as many 
as six, and a few have had even more. The constitution of 
Massachusetts of 1780, with several subsequent amend¬ 
ments, is still in force; but outside of New England there 
are few constitutions that are more than thirty years old. 
Some of the states, indeed, have inserted provisions in their 
constitutions making it the duty of the legislature at stated 
intervals to submit to the voters the question of calling a 
convention to revise the existing constitution or to adopt 
an entirely new one. In this way the people are given an 
opportunity to determine whether the constitution un¬ 
der which they live shall be revised or superseded 
by a new one, independently of the will of the legis¬ 
lature. 


CONTENTS OF STATE CONSTITUTIONS 67 

Contents of State Constitutions.—The early state con¬ 
stitutions were brief documents and dealt only with im¬ 
portant matters of a fundamental and permanent char¬ 
acter. They were remarkably free from detail and rarely 
contained more than 5^000 words. As time passed, however, 
there was an increasing tendency to incorporate in them 
provisions in regard to many matters that had formerly 
been left to the legislature to be regulated by statute, so 
that some of the constitutions of the present day are bulky 
codes containing detailed provisions concerning many mat¬ 
ters that might more properly be dealt with by statute. 
The constitution of Virginia, for example, has expanded from 
a document of a few pages to one of seventy-five, from an 
instrument of about 1,500 words to one of more than 30,000, 
The present constitution of Alabama contains about 33,000 
words; that of Louisiana, about 45,000; and that of Okla¬ 
homa, about 50,000. The Virginia constitution contains a 
lengthy article on the organization of counties; one on the 
government of cities, constituting a code almost as elabo¬ 
rate as a municipal corporations act; one on agriculture and 
immigration; one on corporations, containing fourteen sec¬ 
tions; one on taxation and finance, etc. The constitution 
of Oklahoma contains an article of seven sections on fed¬ 
eral relations, one of which deals with the liquor traffic; elab¬ 
orate provisions regarding the referendum and initiative; 
a section describing the seal of the state; a detailed enum¬ 
eration of those who are permitted to accept railroad passes; 
an article on insurance; one on manufactures and com¬ 
merce; and one on alien and corporate ownership of lands. 

Parts of a Constitution .—A typical constitution consists 
of several parts: (i) a preamble; (2) a bill of rights; (3) a 
series of provisions relating to the organization of the 
government and the powers and duties of the several de- 


68 


THE STATE GOVERNMENT 


partments; (4) a number of miscellaneous articles dealing 
with such matters as finance, revenue and debts, suffrage 
and elections, public education, local government, rail¬ 
roads, banks, and other corporations generally; (5) an 
article describing the procedure by which amendments 
may be proposed and ratified; and (6) a schedule. Many 
constitutions contain an article defining the boundaries of 
the state, and most of them one on the distribution of the 
powers of government. Some of the newer constitutions 
also prescribe numerous limitations upon the legislature, so 
great is the popular mistrust of legislatures to-day; while 
others lay down various rules as to the procedure of the 
legislature. The schedule contains provisions for submit¬ 
ting the constitution to the voters and making necessary 
arrangements for putting the new constitution into effect. 

The Bill of Rights, says Bryce, is historically the most 
interesting part of the state constitution, and if we may 
judge by the space devoted to these provisions and the at¬ 
tention paid to their framing, they constitute a very im¬ 
portant part of the constitution. In a sense they are the 
lineal descendants of great English enactments like Magna 
Charta, the Bill of Rights, and the Act of Settlement, and of 
the various declarations of the Revolutionary Congresses 
in America. They consist of limitations upon the govern¬ 
ment and of statements of the fundamental rights of man. 

Some Provisions of the Bills of Rights .—Examining these 
bills of rights, we find that they all contain declarations in 
favor of freedom of religious worship, freedom of assembly, 
freedom of speech and of the press, and most of them for¬ 
bid the establishment of a state church or the appropria¬ 
tion of money for the establishment or support of any 
religious denomination. Most of them contain declara¬ 
tions providing for trial by jury in criminal cases, indict- 


THE BILL OF RIGHTS 


69 

merits by grand jury, the privilege of the writ of habeas 
corpus, the right of the accused to a speedy and public trial; 
a declaration of the right of citizens to bear arms; the pro¬ 
hibition of excessive bail, cruel and unusual punishments, 
general search warrants, and imprisonment for debt; the pro¬ 
hibition of titles of nobility, ex post facto laws, and bills of 
attainder ^; and provisions forbidding the taking of private 
property except for public purposes and then only when just 
compensation is made.^ Many of them contain philosophi¬ 
cal ehunciations of political doctrines such as the assertion 
that all governments originate with the people, and are in¬ 
stituted solely for their good; that all men are equal; that 
all power is inherent in the people; and that the- people 
have at all times the right to alter, reform, or abolish their 
government. ^ Some of the newer constitutions declare that 
monopolies and perpetuities are contrary to the principles 
of free government; that every citizen shall be free to ob¬ 
tain employment wherever possible; that a long lease of 
office is dangerous to the Hberties of the people; that aliens 
shall have the same rights of property as citizens; and 
so on. 

The real importance of the bills of rights, now that ex¬ 
ecutive tyranny is a thing of the past, is not very great. 

Amendment of State Constitutions.—The practice of 
inserting in the constitution many provisions which are 
temporary in character, makes frequent alteration a ne¬ 
cessity if the constitution is to meet the rapidly chang- 

1 An ex post facto law is retroactive, making criminal an act that 
was not a crime when committed, or increasing the punishment for 
past crimes. A bill of attainder is a law convicting an accused per¬ 
son without a trial, and imposing on him the penalties of treason. 

2 The inherent power of the state to take private property for 
public use is called the right of eminent domain. 


THE STATE GOVERNMENT 


70 

ing needs and conditions of the state. Some of the early 
constitutions contained no express provision for their own 
amendment, but as time passed changes became mani¬ 
festly necessary, and in time they were all amended or 
supplanted entirely by new ones, notwithstanding the ab¬ 
sence of amending provisions. Ultimately the advantage 
of pointing out in the constitution a legal and orderly way 
of amendment came to be generally appreciated, and at the 
present time all of the constitutions contain amending pro¬ 
visions. These clauses provide that amendments may be 
proposed, either by a convention called by the legislature, 
or by the legislature itself, usually by an extraordinary ma¬ 
jority; in either case the proposed amendment must be 
submitted to the voters for their approval, and it becomes 
a part of the constitution only if ratified by a majority of 
those voting on the proposed amendment or,^n some states, 
by a majority of those voting at the election at which the 
proposed amendment is submitted. A new method of 
amendment by popular initiative was adopted in Oregon 
in 1902. According to this method a proposed amendment 
may be framed by the people by petition and submitted 
to a popular vote without the necessity of the interven¬ 
tion of the legislature in any form. 

In spite of the restrictions imposed, most of the constitu¬ 
tions are frequently amended. During the decade from 
1894 to 1904, 412 amendments were proposed by the legis¬ 
latures of the several states, and of these 230 were ratified. 
California proposed 38, of which 20 were ratified; Louisiana 
22, of which 15 were ratified; Mississippi 21, of which 15 
were ratified ; and so on. At the general election of 1918, 
no less than 130 amendments were voted on by the people 
of the different states, and a number of others were awaiting 
the action of the legislatures soon to meet. 


AMENDMENl OF STATE CONSTITUTIONS 


71 

References.— Beard, American Government and Politics, chs. xxii- 
xxiii. Bryce, The American Commonwealth (abridged edition), 
chs. xxxiv-xxxv. Dealey, Our State Constitutions, chs. ii-iii. Hart, 
Actual Government, ch. vi. Hinsdale, The American Government, 
chs. xl, xli, xlix, 1 . Wilson, The State, secs. 1087-1095. Wil¬ 
loughby, Rights and Duties of Citizenship, ch. x. Willoughby, 
The American Constitutional System, chs. ii-x. 

Documentary and Illustrative Material.—i. Thorpe’s Constitu¬ 
tions and Organic Laws, or Poore’s Charters and Constitutions, both 
published by the Government Printing Office. 2. Pamphlet copies 
of state constitutions can usually be obtained from the secretaries of 
state of the various states. 3. The legislative manual of the state, 
where usually a review of the constitutional history of tlie state may 
be found. 

Research Questions 

1. In what two senses is the word ‘‘state” used? In what sense is 
New York a state and in what sense is it not? 

2. Were the states ever sovereign? What were the two views in 
this country prior to the Civil War in regard to the sovereignty of 
the states? 

3. The constitution and laws of the United States are declared to 
be supreme over those of the states; what is the meaning of that pro¬ 
vision? Does that mean that any law passed by Congress will over¬ 
ride a conflicting law passed by a state, even though the law passed 
by the state is clearly within its powers? 

4. Distinguish between reserved powers and delegated powers. 

5. Do you believe the powers of the national government should be 
increased so as to include the regulation of such matters as marriage 
and divorce, the business of corporations, factory labor, and insur 
ance? 

6. What is the purpose of the commissions on uniform legislation 
in the different states, and what are they seeking to accomplish? 
Is there such a commission in your state? 

7. Which of the following matters fall within the jurisdiction of 
the United States and which within the jurisdiction of the states? 
(i) the levying of tariff duties, (2) the transfer of land, (3) the build¬ 
ing of lighthouses, (4) the protection of religious worship, (5) the 
granting of passports, (6) punishment of crime, (7) the granting of 


THE STATE GOVERNMENT 


72 

pensions, (8) the regulation of labor in mines and factories, (9) the 
protection of the public health, (10) the support of schools, (ii) the 
regulation of navigation, (12) the erection of fortifications. 

8. Name some powers that may be exercised by both Congress 
and the states; some that may be exercised by neither; some that may 
be exercised by the states only with the consent of Congress. 

9. May the United States government coerce a state? Suppose 
a state should refuse or neglect to perform its constitutional duties 
as a member of the union, could it be punished or compelled to ful¬ 
fill its obligations? 

10. May a state be sued by a citizen of the state? by a citizen of 
another state? by another state itself? 

11. Suppose a state should refuse to pay a debt which it has in¬ 
curred, has the person to whom the debt is due any remedy? 

12. Will a divorce granted in Nevada to a citizen of Massachu¬ 
setts be recognized as valid in Massachusetts? 

13. Suppose a man, standing on the New Jersey side of the Dela¬ 
ware River, should fire a shot across the river and kill a man in Penn¬ 
sylvania, would the governor of New Jersey be bound to surrender 
the criminal upon demand of the governor of Pennsylvania, in order 
that he might be tried in Pennsylvania? 

14. What is the difference between a constitution, a statute, and 
a charter? Between a written and an unwritten constitution? 

15. When was the present constitution of your state adopted? 
Was it submitted to the voters before being put into effect? How 
many constitutions has your state had since its admission to the union? 
Were they all adopted by popular ratification? Who was the dele¬ 
gate from your county to the last constitutional convention? 

16. How may the constitution of your state be amended? Is a 
majority of those voting at the election necessary to ratify, or only a 
majority of those voting on the proposed amendment? How many 
times has the present constitution of your state been amended? 
Do you think the method of amendment is too rigid? 

17. What is the purpose of a preamble to a constitution? Does 
the preamble of your constitution contain a recognition of God? 

18. What are the provisions in the bill of rights to your consti¬ 
tution in regard to the rights of an accused person? in regard to 
freedom of the press? freedom of assembly? freedom of worship? 
right of the people to change their government? 


CHAPTER IV 


THE STATE LEGISLATURE 

Powers of the State Legislatxires. —The powers of the 
state legislature, unlike those of the city council and those 
of the Congress of the United States, are not set forth in 
the constitution. In general, a state legislature may exer¬ 
cise any powers which are not denied to it by the Consti¬ 
tution of the United States or by the constitution of the 
state. Its powers, in other words, are residuary in charac¬ 
ter, rather than delegated or granted. 

Limitations ,—In recent years, however, mainly on ac- 
^ count of the popular distrust in which our legislatures have 
come to be held, numerous limitations upon their powers 
have been imposed by the constitutions of many states. 
Thus they are frequently forbidden absolutely to pass 
local or special laws where a general law is applicable, or 
they are allowed to enact such laws only under certain re¬ 
strictions. In most states, also, the legislature cannot run 
the state into debt beyond a certain amount, and its power 
to impose taxes and appropriate money is generally re¬ 
stricted. Finally, its power of legislation has been limited 
by the present practice of regulating many important mat¬ 
ters in the constitution itself. In the newer constitutions 
especially we find a large number of provisions relating to 
schools, cities, towns, railroads, corporations, taxation, and 
other matters. To that extent, therefore, the legislature is 
deprived of its power of legislation on these subjects, 

73 


74 


THE STATE LEGISLATURE 


Extent of the Legislative Power .—In spite of the nunierous 
restrictions, however, the power of the legislature is very 
large. It enacts the whole body of criminal law of the 
state; makes laws concerning the ownership, use, and dis¬ 
position of property, laws concerning contracts, trade, 
business, industry, the exercise of such professions as law, 
medicine, pharmacy, and others; laws relating to the gov¬ 
ernment of counties, towns, cities, and other locahties; 
laws concerning the public health, education, charity, mar¬ 
riage and divorce, and the conduct of elections; laws con¬ 
cerning railroads, canals, ferries, drainage, manufacturings 
eminent domain, and a great variety of other matters. The 
subjects concerning which the legislatures may enact laws 
are indeed so numerous and varied that it would be impossi¬ 
ble to enumerate them all. For that reason the legislature 
is by far the most important branch of the state govern¬ 
ment, and it is highly important that it should be composed 
of honest, intelligent, and efficient members. Unfortu¬ 
nately, however, in many states the legislature has declined 
in public esteem. In the early days of our history the 
legislative branch of the government was all-powerful. It 
was not only practically unlimited as to its power of legis¬ 
lation, but it was intrusted with the choice of many im¬ 
portant officers of the state. Now, however, there is a dis¬ 
position to cut down its powers and place restrictions on 
the exercise of those that are left to it. In many'states the 
people have secured the power to legislate for themselves by 
means of the initiative and referendum (pp. 85-89); and, 
to diminish the power of the legislature to enact useless 
laws, many constitutions limit the length of the sessions to 
forty or sixty days in the hope of compelling it to devote 
its time to the consideration of important measures of 
general interest. 


STRUCTURE OF THE LEGISLATURE 


75 

Structure of the Legislature —Every state legislature 
to-day consists of two houses. At first several states fol¬ 
lowed the example of the Congress of the Confederation 
and tried the single-chamber system, but they soon found 
its disadvantages serious, and substituted legislatures with 
two houses. The principal advantage of a bicameral legis¬ 
lature is that each house serves as a check upon the haste 
of the other and thus insures more careful consideration of 
bills. Nevertheless, proposals have recently been made in 
several states to establish a single-chambered legislature, 
and the question was voted on by the electors of Oregon in 
1912 and in 1914, and by those of Arizona in 1916. 

The lawmaking body popularly known as the legislature 
is officially so designated in some states, but in others the 
formal name is the general assembly or the legislative as¬ 
sembly, and in two, Massachusetts and New Hampshire, 
the colonial title, general court,” is still retained. In all 
the states the upper house is styled the senate. In most 
of them the lower chamber is known as the house of repre¬ 
sentatives, though in a few it is styled the assembly and 
in three the house of delegates. 

Both houses of the state legislature are chosen by the 
people. The principal differences in their make-up are, that 
the senate is a smaller body and therefore each senator 
represents a larger constituency, the senators in many states 
are chosen for a longer term, and usually the senate is vested 
with special functions such as the approval of executive 
appointments to office, and the trial of impeachment cases. 

The State Senate .—The size of the senate varies from 
seventeen members in Delaware to sixty-seven in Minne- 
sota,the average number being about thirty-five. In about 
two thirds of the states the term of senators is four years; 
in New Jersey their term is three years; in Massachusetts 


THE STATE LEGISLATURE 


76 

it is one year; in the remaining states it is two years. In 
about one third of the states the terms of the senators and 
the representatives are the same. In some states the sena¬ 
tors are divided into classes, and only half of them retire 
at the same time. 

The House of Representatives—TYit, house of representa¬ 
tives everywhere is a more numerous body than the senate, 
and in a few states the disproportion is very great. Thus 
the New Hampshire legislature with a senate of 24 mem¬ 
bers has a house of representatives of more than 400’mem¬ 
bers, the largest in any state, a body about as large as the 
national house of representatives. The Connecticut legis¬ 
lature is composed of a senate of 35 members and a house of 
representatives of 258 members; Vermont has a senate of 30 
members and a house of representatives of 246; Massachu¬ 
setts has a senate of 40 members and a house of 240. The 
smallest houses of representatives are those of Delaware 
and Arizona, each consisting of 35 members. 

Apportionment of Senators and Representatives. —Senators 
and representatives are apportioned among districts, usu¬ 
ally on the basis of population. Political units, however, 
are often taken into consideration, and in some states such 
units rather than the number of inhabitants are the deter¬ 
mining element. Thus it is frequently provided that each 
county shall be entitled to one senator, though the popula¬ 
tion of some counties may be many times as great as that 
of other counties. In some of the New England states the 
inequalities of representation are so glaring as to constitute 
a great injustice to the more populous towns. In Connect¬ 
icut, for example, the members of the lower house are dis¬ 
tributed among the towns of the state, without regard to 
their population. As a result each of the small towns of 
Union, Hartland, Killingworth, and Colebrook, with an 


STRUCTURE OF THE LEGISLATURE 


77 

average population of less than i,ooo persons, has two rep¬ 
resentatives, while New Haven, with 133,000 inhabitants, 
has only two. Hartford, with about 99,000, has only two, 
and so has Bridgeport with a population of 102,000, and 
Waterbury with 73,000. These four cities comprise about 
one third the population of the state, but they have only 
one thirty-second part of the membership of the house of 
representatives. A similar system of representation exists 
in Vermont and in the senate of Rhode Island. 

Moreover, as a result of gerrymandering ” by the politi¬ 
cal party, in control of the legislature the legislative districts 
are frequently so constructed as to give the majority party 
more than its fair share of representatives. As a result 
there are in some states great inequalities of representation 
among the different counties or legislative districts. 

In order to prevent b.rge cities from controlling the legis¬ 
lature and thereby dominating the state, a few constitu¬ 
tions limit their representation in the legislature. Thus in 
New York it is provided that no county, however populous, 
shall have more than one third of all the representatives, 
and a somewhat similar provision is contained in the con¬ 
stitutions of Rhode Island and Pennsylvania. 

Minority Representation in the Legislature.—^Where 
there are two political parties in the state, it is worth con¬ 
sidering whether some provision should not be made for 
allowing each party to choose a number of representa¬ 
tives in proportion to its numerical strength, or at least for 
allowing the weaker party some representation in the legis¬ 
lature. It not infrequently happens under the present 
system that the majority party in the state succeeds in 
electing nearly all the representatives, leaving the other 
party practically without representation, although it may 
be strong enough to cast hundreds of thousands of votes in 


THE STATE LEGISLATURE 


78 

the state as a whole. In the Oregon state election of 1906, 
for example, the Republican party, with only 55 per cent of 
the voting strength, elected eighty-eight members of the 
legislature, while the Democratic party, though casting 
34 per cent of the total vote, elected only seven repre¬ 
sentatives. 

The present constitution of Illinois contains a clause 
which makes it possible for the minority party in each of 
the fifty-one legislative districts into which the state is 
divided to elect at least one of the three representatives to 
which the district is entitled. Each voter is allowed three 
votes, and he may give one vote to each of three candi¬ 
dates, or he may give all three to one candidate, or two to 
one candidate and one to another. Usually the party hav¬ 
ing the majority in the district elects two candidates and 
the minority party one, the voters of the latter party con¬ 
centrating all their votes on the one candidate. 

Legislative Sessions.—In the great majority of states 
the legislatures hold regular sessions every two years. In 
New York, New Jersey, Massachusetts, Rhode Island, 
Georgia, and South Carolina the legislature meets every 
year in regular session. Alabama is contented with a ses¬ 
sion once in every four years. In California the session is 
divided into two parts, the first being devoted exclusively 
to the introduction of bills. The legislature then takes a 
recess of a month to enable the members to consult their 
constituents in regard to the bills introduced, after which 
it reassembles for the enactment of such legislation as 
seems to be demanded. In all the states the governor is 
empowered to call extraordinary sessions for the considera¬ 
tion of special matters of an urgent character. 

There is a popular belief that legislatures waste much of 
their time in the consideration of petty matters, and in 


LEGISLATIVE SESSIONS 


79 

many states the constitution either limits the length of the 
session,—sometimes to forty, fifty, or sixty days, —or pro¬ 
vides that where the session is prolonged beyond a certain 
number of days, the pay of members shall cease. The 
wisdom of limiting the sessions to such brief periods, how¬ 
ever, is doubtful, and several states that once imposed such 
restrictions have since removed them. 

Legislative Compensation.—In all the states, members 
of the legislature receive pay for their services. This is 
either in the form of a definite amount per year, term, or 
session, or so much per day. The largest legislative salaries 
are those of Illinois ($3,500 per biennial session). New York 
($1,500 per year), Massachusetts and Ohio ($1,000 per 
year), and Pennsylvania ($1,500 per biennial session). 
In New Hampshire, on the other hand, the salary is only 
$200 per biennial session, in Connecticut $300, and in 
South Carolina $200 for each annual session. In thirty 
states the per diem method of compensation prevails, the 
amount ranging from three dollars per day, which is the 
salary paid in Kansas and Oregon, to ten dollars per day, 
in Kentucky, Montana, and Nebraska, the most usual sum 
being four or five dollars per day. In several states, how¬ 
ever, the per diem compensation ceases, or is reduced to a 
nominal amount, after the legislature has been in session 
60 days or 90 days. Mileage ranging in amount from ten 
cents per mile to twenty-five cents is usually allowed, and in 
a number of states there is a small allowance for postage, 
stationery, and newspapers. In some states the pay of 
the legislators is fixed by the constitution, and hence the 
matter is beyond control of the legislature. Indeed, in 
only a few states is the matter of legislative pay left 
entirely to the discretion of the legislature without re¬ 
striction. 


8 o 


THE STATE LEGISLATURE 


In a number of them the constitution either forbids mem¬ 
bers to accept free passes on the railroads, or makes it the 
duty of the legislature to pass laws prohibiting the ac¬ 
ceptance of such passes. 

Organization of the Legislature.—Each house is usually 
free to organize itself as it may see fit, though where the 
office of lieutenant governor exists, the constitution desig¬ 
nates that official as the presiding officer of the senate. 

The Speaker .—The presiding officer of the lower house is 
styled the speaker, and in all the states he is chosen by the 
house from its own membership. He calls the house to 
order, presides over its dehberations, enforces the rules gov¬ 
erning debate, puts motions and states questions, makes 
rulings on points of order, recognizes members who desire 
to address the house, appoints the committees, signs the 
acts and resolutions passed by the house, and maintains 
order and decorum. He usually belongs to the political 
party which is in the majority in the house, and in making 
up the committees and recognizing members for the pur¬ 
pose of debate he usually favors those of his own party. 

The Clerk .—Each house has a clerk or secretary who 
keeps the journal of the proceedings, has custody of all 
bills and resolutions before the house, keeps the calendar 
of bills, calls the roll, reads bills, and performs other duties 
of a like character. He is often assisted by other clerks 
such as a reading clerk, an engrossing clerk, sometimes an 
enrolling clerk, etc. 

Sergeant-at-arms .—To execute the orders of the house in 
preserving good order and enforcing the rules, there is an 
officer called a sergeant-at-arms. He usually has custody 
of the hall in which the meetings are held, makes arrests 
when the house orders an outsider to be taken into cus¬ 
tody for contempt, compels absent members to attend 




State Capitol, Salem, Oregon 


V 























































ORGANIZATION OF THE LEGISLATURE 


8l 


when ordered by the house to do so, and sometimes keeps 
the accounts of the pay and mileage of members. 

Other Officers and Employees. —Usually, also, there is a 
chaplain who opens the session with prayer, though he is 
not always a paid employee; a postmaster; and a number of 
miscellaneous employees such as doorkeepers, janitors, copy¬ 
ing clerks, stenographers, pages, etc.^ 

Committees .—For convenience in legislation the mem¬ 
bers of each house are grouped into committees, the more 
important of which are those on agriculture, corporations, 
finance or appropriations, ways and means, judiciary, rail¬ 
roads, labor, education, manufactures, engrossment and 
enrollment, and insurance. In the Western states there 
are usually committees on immigration, mining, dairies, for¬ 
estry, fish and game, drainage, swamp lands, irrigation, 
levees and river improvements, etc. The number and size 
of the committees vary in different states. In some of the 
states there are as many as fifty or sixty committees, and 

^ The California house of representatives, consisting of eighty mem¬ 
bers, had in 1907 a total of 335 employees, with salaries ranging from 
$3 to $8 per day. The senate, composed of forty members, had 228 
employees. Since then an amendment to the constitution of that 
state has been adopted, limiting to $500 per day the amount that 
may be expended by the legislature for clerical assistance. In some 
other states the number of employees of the legislature seems exces¬ 
sive, and restrictions similar to that now found in the constitution 
of Cahfornia might not be out of place. Thus in 1903 there were 
226 employees of the legislature of Illinois, 315 in Missouri, 299 in 
New York, and 225 in Oregon. The expense account of legislative 
employees in Illinois for the session of 1913 amounted to more than 
$95,000; the amount in New York was over $250,000; and in Wis¬ 
consin over $76,000. One of the arguments now being urged in some 
states in favor of a single-chamber legislature is that it would make 
possible a material reduction in the number of legislative employees 
and a corresponding diminution of expenses. 

Govt. U. S.—6 


82 


THE STATE LEGISLATURE 


occasionally as many as forty members are placed on a 
single committee. In addition to the standing committees 
of each house there are frequently select committees ap¬ 
pointed for special purposes, and there are usually a number 
of joint committees made up of members of both houses. 
In the New England states most of the committee work is 
done by joint committees, there being usually only four or 
five standing committees in each house. 

How Bills are Passed.—^Each house is empowered to 
frame its own rules of procedure, but in order to insure 
publicity and careful consideration of bills the state consti¬ 
tutions have placed restrictions upon the legislature in the 
consideration and passage of bills. Thus in all the states 
each house is required to keep a journal of its daily pro¬ 
ceedings; in most states it is provided that no law shall be 
passed except by bill, that no bill shall embrace more than 
one subject, which shall be clearly expressed in the title of 
the bill, that no money shall be appropriated except by 
law, that every bill shall be read at least three times be¬ 
fore being passed, that no existing law shall be amended by 
mere reference to its title but the amended portion must be 
set out in full, and that the yeas and nays shall be recorded 
upon demand of a certain number of members. Some states 
require that every bill shall be referred to a committee, that 
every bill shall be printed and placed on the desk of each 
member, that no bill shall be introduced after the legisla¬ 
ture has been in session a certain number of days, and that 
bills of a local or private character shall be introduced 
only after public notice has been given in the locality af¬ 
fected and to be valid must be passed by a two-thirds ma¬ 
jority of each house; and so on. 

In general these constitutional restrictions represent an 
attempt to eliminate the evils of undue haste, lack of con- 


HOW BILLS ARE PASSED 


83 

sideration, extravagance, and objectionable local and 
private bills, and to compel the legislature to do its work 
openly, carefully, and in the interest of the pubUc good. 

Order of Procedure .—A common order of the procedure in 
passing bills is the following : i. Introduction and first read¬ 
ing. 2. Reference to a committee. 3. Report of the com¬ 
mittee. 4. Second reading. 5. Third reading. 6. Vote on 
passage. 7. Enrollment. 8. Approval by the Governor. 
This order of procedure, however, is often departed from 
under a suspension of the rules or by unanimous consent. 

Usually any member can introduce a bill on any subject 
and at any time ^ except where the constitution forbids the 
introduction of bills after a certain date, and some legis¬ 
latures have even found a means of evading this restriction. 
In most states a bill can be introduced by filing it with the 
clerk. It is then usually read the first time, though only 
by title, and referred to the appropriate committee for 
consideration and report. The committee may pigeon¬ 
hole ” it and never report, or it may make a report so late in 
the session that consideration of the bill is impossible. If 
the bill seems worthy of being reported, the committee re¬ 
ports it to the house with a recommendation that it be 
passed either with or without amendments, or that it be 
rejected. If reported favorably it is placed on the calendar 
for consideration in its turn. At this stage it is open for 
general discussion and for amendment by the house. If the 
bill meets the approval of the house, it is finally ordered to 
be engrossed and read a third time. It is then put in shape 
by the committee on engrossment, after which it is read a 
third time and finally passed. It then goes to the other 

1 In Wisconsin and some other states, “ legislative reference 
bureaus” furnish members with information regarding subjects of 
proposed legislation, and aid them in the drafting of bills. 


THE STATE LEGISLATURE 


84 

house, where the procedure is substantially the same. If 
passed by the second house, it is ready for the signature of 
the governor. If amended by the second house, it comes 
back to the first house for concurrence in the amendments. 
If the first house refuses its concurrence, a conference com¬ 
mittee is usually appointed by the two houses to consider and 
recommend a compromise. The bill is not ready to send to 
the governor until it has been passed by both houses in 
exactly the same form. 

Lobbying and Bribery.—In all our states a large pro¬ 
portion of the legislation enacted affects directly or in¬ 
directly the interests of particular persons, classes, or locali¬ 
ties. As a result, interested parties bring great pressure 
to bear upon the members to pass certain bills or to re¬ 
ject certain others. 

Methods of the Lobbyist .—Usually when the legislature 
meets, the paid representatives of interested individuals, 
corporations, or local governments appear on the scene to 
urge legislation in their interests or to defeat bills intro¬ 
duced that are unfavorable to them. These persons are 
known as ^‘lobbyists,” and the means they employ to secure 
or prevent legislation are often improper and sometimes 
venal. Sometimes money is used to bribe members to vote 
for or against pending measures, and there are few states 
indeed where charges of this kind have not been made. In 
one state recently, money was contributed in large quanti¬ 
ties by persons interested in preventing certain legislation, 
and the sum thus contributed was known as the ^‘jack 
pot” fund, out of which members were handsomely paid 
for their votes. In a special message to the legislature of 
New York state. Governor Hughes declared that certain 
disclosures had ^‘caused honest citizens to tingle with shame 
and indignation and made irresistible the demand that 


LOBBYING AND BRIBERY 


85 

every proper means should be employed to purge and 
purify the legislature.’’ The situation described by the 
governor as existing in New York, imfortunately exists in 
other states as well. 

^‘Strike^^ Bills .—Some of the great corporations main¬ 
tain regularly paid lobbyists at the state capitals when the 
legislature is in session, not so much for the purpose of 
securing legislation in their interests as to prevent the en¬ 
actment of laws to which they are opposed. Sometimes 
they are practically forced to have lobbyists on the ground 
to prevent the enactment of what are called “strike” bills, 
that is, bills introduced by unscrupulous members for the 
purpose of extorting money from the corporations to pay 
for defeating them. 

Anti-lobbying Legislation .—The evils growing out of the 
practice of the special interests in maintaining paid lobby¬ 
ists near the legislature have led to attempts in a number 
of states to restrict such abuses by legislation. This legis¬ 
lation, in general, makes it unlawful to attempt to influ¬ 
ence improperly any legislator. In several states lobbyists 
are required to make known the purpose of their business 
and to register their names with the secretary of state, and 
after the adjournment of the legislature to file a sworn 
statement of their expenses. 

Direct Legislation: the Initiative and the Referendum.— 
The legislature is not the only agency for enacting law and 
determining the public policies of the state. Laws on cer¬ 
tain subjects may be made by the people themselves acting 
directly in their primary capacity as well as through the 
agency of representatives. This is done through what are 
called the initiative and the referendum. The initiative 
is a device by which the people themselves may propose 
laws and have them submitted to the voters for their 


86 


THE STATE LEGISLATURE 


approval or rejection. Through the referendum the people 
reserve the power to approve or reject by popular vote 
certain laws enacted by the legislature. 

Varieties of Referendum .—The referendum may be ob¬ 
ligatory or optional in character, that is, the approval of the 
electorate may be required by the constitution before cer¬ 
tain laws shall go into effect, or the legislature in its dis¬ 
cretion may refer a law to the people for their opinion. 
Thus the constitutions of many states declare that no law 
for increasing the debt of the state beyond a certain amount 
shall be valid until it has been submitted to the voters and 
approved by them. Again, the referendum may be manda¬ 
tory or advisory in character. Under the mandatory form, 
the legislature is required to carry out the will of the elec¬ 
torate as pronounced on any subject referred to the voters, 
while the advisory referendum is nothing more than an 
expression of opinion which may or may not be followed 
by legislative action. 

Again, the referendum may be state-wide in its scope, as 
where a general law or question of public policy is sub¬ 
mitted to the voters of the whole state, or it may be of a 
local character, as where a law affecting a particular com¬ 
munity is referred to the voters thereof. 

The referendum as a device for adopting constitutions 
and constitutional amendments is as old as the republic 
itself, and is now the general practice (pp. 65, 70). In all 
the states except Delaware proposed amendments must 
be submitted to the voters at a general or special election, 
and must be adopted by them before going into effect. The 
use of the referendum for ordinary lawmaking is also an 
old practice, though it is much more generally resorted to 
now than formerly. Thus very early in our history it was 
employed for such purposes as the incorporation of townSj 


DIRECT LEGISLATION 


87 

borrowing money, the location of county sites, division of 
counties, subscription to stock in railroads and other enter¬ 
prises by states, counties, or towns, and the levying of 
special taxes for the support of schools. One of the im¬ 
portant uses to which it was put was the determination of 
the question whether intoxicating liquor should be sold in 
a particular locality. In time what were called local option 
laws were passed in many states, giving the people of towns, 
cities, or other local divisions of the state the privilege of 
determining by popular vote whether liquor should be sold 
within their limits. Other matters that have frequently 
been made the subject of a referendum are: the granting 
of the suffrage to negroes, and sometimes the enfranchise¬ 
ment of women; the location of state capitals; the sale of 
school lands; the incorporation of state banks of issue; the 
granting of aid to railroads; the adoption of the township 
form of local government; the construction of canals; the 
erection of public libraries; and many other matters too 
numerous to mention. There is no state in which the 
referendum is not provided by the constitution for certain 
kinds of legislation, and there is hardly a general election 
held nowadays in which the voters are not called upon to 
pass judgment upon some proposed act of the legislature 
or some question of public policy. 

In Illinois there has been enacted what is known as the 
‘^public opinion law,’’ which provides that upon petition 
by 10 per cent of the registered voters of the state the 
legislature is required to submit to the voters any question 
of public policy for their opinion. The popular vote, how¬ 
ever, is nothing more than an expression of opinion by the 
voters and is not binding upon the legislature. 

The Oregon System—TY iq idea of the initiative and the 
referendum has been carried out most fully in Oregon, 


88 


THE STATE LEGISLATURE 


whose constitution provides that 8 per cent of the voters 
may by petition propose an amendment to the constitu¬ 
tion, and when so proposed it must be submitted to the 
voters and if approved by a majority of them the amend¬ 
ment becomes a part of the constitution. Likewise the 
constitution of Oregon provides for the initiation and adop¬ 
tion of ordinary laws by the people. It further provides 
that upon the petition of 5 per cent of the voters any act 
of the legislature, with certain exceptions, before going 
into effect, must be submitted to the people for their ap¬ 
proval, and if not approved by a majority of those voting, 
it shall not go into effect. From 1904 to 1914, 130 consti¬ 
tutional amendments and statutes were submitted to popu¬ 
lar vote, of which 46 were adopted. For the information 
of the voters, “publicity pamphlets’’ are provided, con¬ 
taining an explanation of the measures upon which they 
are called to vote, together with arguments for and against 
each proposition. In 1912 these arguments (on 37 meas¬ 
ures) made a book of 252 pages. 

Initiative and Referendum in other States .—Various other 
states (South Dakota, Utah, Colorado, Montana, Idaho, 
Missouri, Maine, Arkansas, Oklahoma, Nebraska, Arizona, 
Nevada, California, Washington, Michigan, Ohio, North Da¬ 
kota, Massachusetts, and Mississippi) have established both 
the initiative and the referendum in some form or other. 
The initiative and referendum are in use also in many 
cities, especially those under the commission plan of gov¬ 
ernment. Usually the number who are empowered to ini¬ 
tiate a proposed law or ordinance is 8 or 10 per cent of the 
registered vote. In Texas the referendum is applied to the 
formulation by political parties of their party policies, 10 
per cent of the voters being allowed to propose policies 
which must be submitted to the party for their opinion. 


DIRECT LEGISLATION 


8g 

Merits of the Referendum .—One of the chief merits of the 
referendum is that it serves as a check on the vices, follies, 
and errors of judgment of the legislature. Another merit 
claimed for the referendum is its educative effect upon the 
electorate. Where the voters are frequently called upon 
to pass judgment upon the acts of the legislature or upon 
questions of public policy, they must, if they discharge their 
duty properly, study the measures submitted to them and 
thus become trained in public affairs. The enjoyment of 
such a privilege also tends to stimulate their interest in 
political affairs and increase their feeling of responsibility 
for the good government of the state. 

The advantage of the initiative is that it puts in the hands 
of the people the power to bring forward needed measures 
of legislation and secure a vote on them whenever the legis¬ 
lature refuses to act in obedience to the popular mind. • 

References.— Beard, American Government and Politics, ch. xxv. 
Bryce, The American Commonwealth (abridged edition), ch. xxxix. 
Dealey, Our State Constitutions, ch. vii. Hart, Actual Govern¬ 
ment, ch. vii. Reinsch, American Legislatures and Legislative 
Methods, chs. iv-x. Wilson, The State, secs. 1128-1142. 

Documentary and Illustrative Material.—i. The legislative man¬ 
ual or blue book of the state. 2. A map showing the division of 
the state into legislative districts. 3. Rules of procedure of the two 
houses of the legislature. 4. Specimen copies of bills and resolutions. 
5. Messages of the governor to the legislature. 6. The last volume 
of the session laws of the state. 

Research Questions 

1. How many members are there in the senate of your state legis¬ 
lature? How many in the house of representatives? What is the 
term of the members of each house? What are the qualifications for 
membership? What is the salary? 

2. What is the principle of apportionment of the members of each 
house? Are there any inequalities of representation among the 


90 


THE STATE LEGISLATURE 


districts or counties from which the members are chosen? What 
county has the largest number of representatives? What county the 
smallest number? Have any charges been made that the state is 
“gerrymandered” in the interest of the dominant party? 

3. How many committees are there in each house? Of what com¬ 
mittees are your representatives and your senator members? What 
is the average number of members on each committee? Name some 
of the most important committees. What are the principal officers 
and employees of each house? 

4. How often does the legislature of your state meet in regular 
session? Are there any constitutional restrictions on the length of 
the sessions? Have any extraordinary sessions been held in recent 
years? If so, for what purpose? Are there any restrictions on the 
power of the legislature when in extraordinary session? 

5. How many acts were passed at the last regular session? How 
many joint resolutions were adopted? What is the difference between 
an act and a joint resolution? 

6. What are the provisions in the constitution of your state in re¬ 
gard to the procedure of the legislature in passing bills? Find out 
from the rules of each house how a bill is introduced, considered, 
and passed. How are special and local acts passed? 

7. Is there a law in your state to regulate lobbying? What is the 
penalty for accepting a bribe? 

8. Is there a legislative reference bureau or other agency in your 
state for collecting information for the benefit of members or for 
assisting them in the preparation of bills? 

9. Are there any provisions in the constitution of your state in re¬ 
gard to the initiative or referendum? Do you know of any instance 
in recent years in which the people of the state were called upon to 
vote on a proposed legislative act or a question of public policy? Is 
there a local option liquor law in your state? If so, have the people 
of your county or city taken advantage of it? 

10. Do you think members of the legislature when instructed by 
their constituents to vote for or against a certain measure, should 
obey the instructions, or vote according to their own judgment of 
what is best without regard to the expressed will of the people? 

11. Is there any organization in your state for studying the records 
of members and for securing the election of honest and efficient 
legislators? 


CHAPTER V 


THE STATE EXECUTIVE 

The Governor; Election and Qualifications.—Each state 
has a chief executive styled a governor, who is charged with 
the execution of the laws. In all he is elected by the people. 
In nearly all, a plurality of the popular vote is sufficient to 
elect, but in a few states a majority is required and if no 
candidate receives a majority of the popular vote, either 
the legislature makes the choice, or a second popular elec¬ 
tion is held. 

To be eligible to the office of governor, a man must have 
attained a certain age, usually thirty years, and generally 
he must be a citizen of the United States ; in many states 
he must have been a citizen for a period ranging from five 
to twenty years. He is also usually required to have been 
a resident of the state for a period ranging from one to 
ten years. 

Term.—The term of the governor in about half tfie 
states is two years; in most of the others it is four years; 
in New Jersey it is three years; and in one state, Massa¬ 
chusetts, it is one year. A one-year term seems to have 
little to recommend it, for experience is as necessary 
for the successful administration of public affairs as for 
the conduct of private business, and familiarity with the 
duties of an office of such importance cannot be acquired 
in so short a time. However, where the one-year term pre¬ 
vails it is customary to reelect the governor to a second 

91 


92 


THE STATE EXECUTIVE 


term. In a number of states, the governor is ineligible to 
two successive terms, the idea being that if reeligible he 
would make use of his official power to secure his reelection. 
A few state constitutions wisely provide that he may hold 
office until his successor has qualified, and thus the danger 
of a vacancy is obviated. 

Salary.—The salary of the governor is everywhere com¬ 
paratively small, though in recent years the tendency has 
been to increase it. In three fourths of the states now the 
salary is $5,000 per year or more. In California, Massa¬ 
chusetts, New Jersey, New York, Ohio, and Pennsylvania, 
it is $10,000 per year, and in Illinois it is $12,000. The 
smallest salary is $2,500 per year, which is the amount 
allowed in Nebraska. Frequently the state provides the 
governor with a residence styled the “executive mansion.’’ 
A contingent fund out of which to meet the expense of 
emergencies in the execution of laws is usually placed at 
his disposal, but this fund cannot be used for private pur¬ 
poses. Some governors, however, have not been very care¬ 
ful to distinguish between private and official purposes, and 
not infrequently the use made of this fund has been the 
subject of legislative investigation and of popular criticism. 

Organization of the Executive Department.—The or¬ 
ganization of the executive department of the state gov¬ 
ernment is different in one important respect from that of 
the executive department of the United States. In the 
national government the responsibility for the administra¬ 
tion of executive affairs is concentrated in the hands of the 
President, and the heads of the various departments are 
all his appointees; they are responsible directly to him for 
the discharge of their duties, are, within the limits of the 
law, subject to his direction, and may be removed by him 
for any reason which to him may seem expedient. The 


ORGANIZATION OF EXECUTIVE DEPARTMENT 


93 


executive power of the state, on the contrary, instead of 
being concentrated in the hands of the governor, is really 
divided between him and a number of other state ofiicers, 
who are generally elected by the people and over whom he 
has little or no control. They are, in short, his colleagues 
rather than his subordinates. This method of organizing 
the executive power has justly been criticized on the ground 
that it introduces a division of responsibility and lack of co¬ 
ordination in the state administration. Thus, although the 
governor is charged with the execution of the laws, he usu¬ 
ally has no power to direct the attorney-general to institute 
proceedings against a person or corporation for violating 
the law, as the President of the United States might do in a 
similar case. Again, he may have reason to believe that the 
state treasurer is a defaulter, but in most of the states he 
has no power to examine into the affairs of the treasurer’s 
office, or to remove him from office. And so with the other 
principal officers that collectively make up the executive 
department. The responsibility of these officials is usually 
to the people alone, and responsibility in such cases cannot 
always be enforced, for they are elected for specific terms 
and cannot be removed before the expiration of their terms, 
except by the cumbersome method of impeachment. 

The Lieutenant Governor .—In about two thirds of the 
states there are lieutenant governors chosen for the same 
time and in the same manner as the governor. About the 
only duty of this official is to preside over the deliberations 
of the senate. In case of a vacancy in the office of governor 
on account of death, resignation, or removal, or in case of 
his absence from the state, the lieutenant governor per¬ 
forms the duties of the office for the time being. 

Executive Councils.—Thi&t of the New England states 
(Massachusetts, Maine, and New Hampshire) have execu- 


THE STATE EXECUTIVE 


94 

tive councils—survivals of colonial days—which share the 
executive power with the governor to a considerable extent. 
Their consent is necessary to the validity of many of his 
acts, such as the making of appointments, the granting of 
pardons, and the like. A modified form of the executive 
council is found in a few other states. 

Other Executive Officers.—Besides the governor, who 
is the chief executive, there are in every state a number of 
state officers each in charge of a particular branch of the 
administrative service. 

Secretary of State .—The first of these in rank is the secre¬ 
tary of state, who is the custodian of the state archives and 
of the great seal of the state; has charge of the publication 
and preservation of the laws; countersigns the proclama¬ 
tions and commissions issued by the governor and keeps a 
record of them; issues certificates of incorporation to com¬ 
panies incorporated under the laws of the state; and dis¬ 
charges other miscellaneous duties which vary in the differ¬ 
ent states. He is elected by the people in all the states 
except a very few where he is either appointed by the gov¬ 
ernor or chosen by the legislature. 

The Treasurer of the state, as the name indicates, is the 
keeper of the public moneys, such as taxes, trust funds, 
and the like, and upon warrants issued by the auditor 
or other proper authority, he pays out money appropriated 
by the legislature. Everywhere he is elected by the people, 
usually for a short term, and is required to give a heavy 
bond so as to insure the state against loss in case of his 
carelessness or dishonesty. He is generally paid a salary, 
which is increased in some cases by the practice of treas¬ 
urers depositing the state’s money in banks from which 
they receive interest. The treasurer of a certain Western 
state received thousands of dollars a year in this way, until 


OTHER EXECUTIVE OFFICERS 


95 

the legislature passed a law requiring him to turn into the 
state treasury all moneys received in the form of interest on 
state deposits. 

Auditor .—Another financial officer found in all the states 
is the auditor or comptroller, whose duties, in general, are 
to audit the accounts of the state and issue warrants upon 
the treasurer for the payment of moneys which have been 
appropriated by the legislature. A warrant issued by the 
auditor is the treasurer’s authority for paying money out of 
the treasury, and without such an order he has no lawful 
right to make a disbursement. Other duties of a miscel¬ 
laneous character are imposed upon auditors in the differ¬ 
ent states. 

Superintendent of Education .—Another important official 
is the superintendent or commissioner of public education, 
who has charge oi' the larger educational interests of the 
state. He supervises the administration of the school laws, 
distributes the school fund among the local districts, makes 
rules and regulations in regard to the holding of teachers’ 
institutes, makes reports to the legislature concerning the 
educational conditions and needs of the state, and is fre¬ 
quently a member of the state board of education and of 
the boards of trustees of the state educational institutions. 

Other Officers .—Besides the officials mentioned above, 
there are a multitude of other officers and employees in the 
larger states, such as the commissioner of agriculture, the 
commissioner of immigration, the commissioner of labor, 
state engineer, railroad commissioners, superintendent of 
public works, state printer, factory inspectors, pure food and 
dairy commissioners, state architect, land commissioner, 
mine inspectors, superintendents of insurance, and many 
others too numerous to mention. Of course, not every 
state has all these, but some of the more populous ones 


^6 THE STATE EXECUTIVE 

such as New York and Massachusetts have most of them 
and others in addition. 

The Governor's Powers.—The powers and duties of gov¬ 
ernor may be roughly grouped into four classes: (i) his 
share in the making of the laws; (2) his power to execute the 
laws and administer the affairs of government; (3) his mili¬ 
tary power; and (4) his power to grant pardons for viola¬ 
tions of the laws. 

Legislative Powers .—Power to Call Extra Sessions .— 
Everywhere he is empowered to call the legislature together 
in extraordinary session. He uses this power in case of 
emergencies, and also to secure the enactment of needed leg¬ 
islation which has been overlooked or neglected by the legis¬ 
lature at the regular session. In New York recently, when 
the legislature adjourned without enacting a promised law 
against race track gambling, the legislature was summoned 
in extraordinary session and executive pressure and public 
opinion were brought to bear upon ^t to compel the enact¬ 
ment of the law. Sometimes a great catastrophe occurs 
when the legislature is not in session; for example, the Cali¬ 
fornia earthquake, the Cherry mine disaster in Ilhnois, and 
the Galveston storm, each of which required the immediate 
attention of the legislature. In order to prevent the legis¬ 
lature when in extraordinary session from taking action for 
which there is really no need, the constitutions of most 
states forbid it to consider any subjects not submitted to it 
by the governor; and in some states the length of an extra 
session is limited to thirty or sixty days. 

The Executive Message .—The governor is generally re¬ 
quired to give the legislature information concerning the 
affairs of the state and to recommend the enactment of such 
laws as in his judgment the public good requires, the idea 
being that he is more famihar than any one else with the 





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THE GOVERNOR’S POWERS 


97 

defects of the existing laws and with the legislative needs 
of the state. This information, with the accompanying 
recommendations, is communicated to the legislature in a 
message at the beginning of the session,^ and is often fol¬ 
lowed by special messages from time to time recommend¬ 
ing consideration of particular matters that may arise in 
the course of the session. The weight which the recom¬ 
mendations of the governor have with the legislature de¬ 
pends, of course, upon his influence with the members and 
his standing with the people. If he belongs to the same 
political party which is in control of the legislature, and the 
party is not divided, or if he is especially aggressive and is 
backed by a strong public opinion throughout the state, his 
recommendations carry more weight than they would under 
opposite conditions. 

The Veto Power. —Finally, in every state except North 
Carolina the governor has the*power to veto bills passed by 
the legislature. Owing to fear of executive tyranny, the 
veto power was generally withheld from governors for a 
considerable time after the Revolution; in fact, in only two 
states (Massachusetts and New Hampshire) was this power 
granted to the governor before the close of the eighteenth 
century. The worst fears of executive tyranny, however, 
proved to be without foundation, and the advantage of 
vesting in the hands of the governor the power to correct 
the mistakes of the legislature by refusing to approve ob¬ 
jectionable laws soon came to be generally appreciated. 
Under the interpretation of the veto power the governor 
may refuse to sign a bill either because, in his judgment, it 
is inconsistent with the constitution which he has sworn to 

iThe constitution of Illinois requires the governor to transmit 
a message to the legislature also at the end of his term, summing up 
the condition of affairs of the state at the time. 


Govt. U. S.—7 


THE STATE EXECUTIVE 


98 

support, or because he thinks it unwise or inexpedient, in 
either case his judgment being conclusive. But manifestly, 
an absolute veto is too great a power to intrust to a single 
person, however wise he may be. The constitutions of all 
the states, accordingly, empower the legislature to override 
the veto of the governor by repassing the vetoed bill, in 
which case it goes into effect notwithstanding the executive 
objection. To do this, however, a majority of two thirds or 
three fifths of the members of the legislature is usually 
necessary, the idea being that the judgment of so large a 
proportion of the legislature ought to be allowed to prevail 
over that of the governor in case of a difference of opinion. 
In the few remaining states a bare majority of the members 
of the legislature may override the executive veto, though 
not infrequently the statement of objections by the gover¬ 
nor in his veto message serves to convince some of those 
who voted for the vetoed bill that it is unwise, and thus the 
veto will be sustained. When a bill is presented to the 
governor for his signature he is allowed a period ranging 
from three to ten days in which to consider it before taking 
action. A subject of criticism in some states is the practice 
of the legislature of delaying final action on many bills 
until the last days of the session and then sending them all 
at once to the governor so that the time allowed him for 
considering their merits is necessarily too short. 

A wise provision found in the constitutions of about 
thirty states is one which allows the governor to veto par¬ 
ticular items in appropriation bills. Thus if the legislature 
passes a bill carrying appropriations for a variety of objects, 
some worthy and others objectionable, the governor is not 
under the necessity of approving or rejecting the bill as a 
whole, but may approve the desirable portions and veto the 
others. In this wav wasteful and objectionable appropria- 


THE GOVERNOR’S POWERS 


99 

tions of the public funds may be prevented without incon¬ 
venience. In a few states the governor may also veto 
particular sections of other bills. 

Executive and Administrative Powers of the Governor.— 
The governor is generally charged by the constitution with 
taking care that the laws are faithfully executed, though, 
as already stated, the executive power is really divided be¬ 
tween him and a number of colleagues. 

Power over State Officers .—He generally has a certain 
power of oversight over the other principal state officers, but 
little power of control over them. There is a tendency, 
however, to enlarge his power in this respect.^ Several 
constitutions, for example, empower him to require reports 
from the principal officers, and in some states he is given 
the right to examine into the condition of the treasurer’s 
and comptroller’s offices and under certain conditions to re¬ 
move the incumbent from office. In a very few states, also, 
the governor may remove sheriffs or mayors for negligence 
or abuse of their power in the enforcement of the state 
laws. 

Power of Appointment .—The governor’s principal execu¬ 
tive power consists of the right to appoint certain officers 
and boards, and sometimes to remove them, subject to cer¬ 
tain restrictions. In the early days of our history, many 
of the state officers were chosen by the legislature, but 
with the growth of the democratic spirit the selection of 
these officials was taken from the legislature and they were 
made elective by the people. In a very few states the legis¬ 
lature still retains a considerable power of appointment. In 

^ By an important act passed in Illinois in 1917 a large number of 
bureaus and commissions were consolidated and placed under the 
authority of departmental heads appointed by the governor, who has 
a large power of control over them. 


lOO 


THE STATE EXECUTIVE 


most states, however, the governor appoints all officers not 
elected by the people. In a few states he appoints the 
judges; in half a dozen or more he appoints several of the 
principal state officers, such as the secretary of state and the 
attorney-general, and in most of them he appoints some of 
the important administrative officers and the members of 
various boards and commissions. In New York, for ex¬ 
ample, he appoints the superintendent of insurance and 
banking, the members of the two public service commis¬ 
sions, the superintendent of public works, the commis¬ 
sioner of agriculture, the commissioner of health, and other 
important officials. In some states he appoints the railroad 
commissioners, the trustees of public institutions, members 
of the state board of health, the members of various exam¬ 
ining boards, pure food commissioners, factory inspectors, 
game commissioners, mining inspectors, and so on. As com¬ 
pared with the President of the United States, his power of 
appointment, however, is very small. Moreover, his power 
to appoint is usually limited by the condition that his 
nominations must be approved by the senate or the execu¬ 
tive council where there is such a body. 

Power of Removal .—The governor can usually remove 
the officials whom he appoints, but rarely any others. But 
the power of removal must exist somewhere, because it 
would be intolerable to have to retain in the public service 
men who are dishonest, incapable, or otherwise unfit. The 
other methods of removal provided are impeachment, re¬ 
moval by resolution of the legislature, and occasionally re¬ 
moval by the courts. Removal by impeachment takes 
place by the preferment of a charge by the lower house of 
the legislature and trial by the upper house. This method, 
however, is cumbersome and is rarely resorted to—never in 
the case of minor officials. Removal by resolution of the 


THE GOVERNOR’S POWERS lOl 

legislature is sometimes employed for getting rid of unfit 
or corrupt judges. In several states, the method of recall 
has been instituted, by which, on petition of 25 per cent of 
the voters, the officer must submit his case to the voters, 
and if a majority of them pronounce in favor of his recall, 
he must retire. 

The Military Powers of the Governor.—In every state 
the governor is commander in chief of the military forces 
of the state and also of the naval forces where there are 
any—a power which means little in times of peace. When¬ 
ever there are riots or serious disturbances, however, this 
power becomes important. When the disturbance is too 
great to be suppressed by the local authorities, the gov¬ 
ernor may order out a portion of the militia and may, if 
he elects, take charge of it himself. There are few states 
where the governor has not at some time or another been 
compelled to make use of this power. Mobs sometimes 
break into jails and take out prisoners and lynch them; 
and sometimes strike riots occur in mining or manufac¬ 
turing communities, in which cases the governor may be 
called upon to send troops to the scene of the disturb¬ 
ance and keep them there until quiet and order have been 
restored. 

Power to Suspend the Writ of Habeas Corpus .—usual 
part of the governor’s military power is the right to sus¬ 
pend the writ of habeas corpus in communities where great 
disorders prevail, that is, to suspend the power of the 
courts to release prisoners charged with violations of the 
law, thus leaving unhampered the power of the military 
authorities to restrain persons they may imprison. This 
power, however, is one which might be grossly abused; 
therefore many state constitutions forbid the suspension 
of the writ except under extraordinary conditions, and 


102 


THE STATE EXECUTIVE 


a few, indeed, permit it to be suspended only by the 
legislature. 

The Military Forces of the State consist usually of a 
number of regiments of citizen soldiers, who are organized, 
uniformed, and officered after the manner of the regular 
army of the United States, who attend an annual encamp¬ 
ment for purposes of drill and practice, and who must 
always be ready to respond to the call of the governor. At 
the head of the state militia is an officer called the adjutant 
general, through whom the military orders of the govern¬ 
ment are issued and carried out. The governor also has a 
military staff which accompanies him on occasions of cere¬ 
mony such as the inauguration of the President of the United 
States, grand army reviews, and the like. 

The Pardoning Power.—In every state the governor is 
vested with the power of pardoning offenders against the 
laws of the state, but in most states the exercise of the 
power is subject to restrictions. The purpose of vesting 
this power in the governor is to make it possible to correct 
the errors of courts and juries, as where subsequent to the 
conviction evidence is brought to light showing that the 
person convicted is innocent, and has been wrongfully con¬ 
victed, or where it becomes evident before the full penalty 
has been paid that the offender has been sufficiently pun¬ 
ished and should be released. 

In many states boards of pardon have been provided for 
sharing with the governor the responsibility for the exercise 
of this important prerogative.^ These boards are of two 
kinds: first, those whose powers are limited to the hear¬ 
ing of applications for pardons and the making of recom- 

^ In several states certain of the state officers, one of whom is the 
attorney-general, serve as the pardon board; in others, it is the senate; 
and in Massachusetts and Maine it is the executive council. 


THE GOVERNOR’S POWERS 


103 

mendations to the governor, who is not bound by their 
advice; and second, those whose approval is necessary for 
the validity of any pardon granted by him. Convictions foi 
treason and in impeachment cases are frequently excepted 
from the list of cases in which the governor may grant 
pardons, though in the case of treason he is sometimes 
given the power to suspend the execution of the sentence 
to await the action of the legislature. In a number of 
states notice of an application for a pardon must be pub¬ 
lished in the community where the applicant was convicted, 
in order that the people of the community who have been 
injured by his crime may have an opportunity to protest 
against the granting of a pardon to him. Sometimes also 
the approval of the presiding judge of the court in which the 
criminal was convicted is necessary before a pardon may be 
granted. It is usual to require the governor to make a 
report to the legislature at each session of all pardons 
granted, and at the same time give the reason in each case 
why a pardon was issued. 

Generally with the right of pardon is included the power 
to grant reprieves, that is, stays of execution; commuta¬ 
tions, that is, the substitution of a lesser punishment in the 
place of the one imposed; and remission of fines and for¬ 
feitures. The right also usually includes the power of 
amnesty or the power of granting by proclamation par¬ 
dons to large numbers of persons, as in the case of uprisings 
or insurrections against the laws and authority of the state. 
A pardon may be absolute or conditional; in the first case, 
it is granted without restriction; in the second case, it is 
valid only on certain conditions, as where the offender is 
required to lead an upright life or where he is required to 
leave the state. Generally the governor of the state, un¬ 
like the President of the United States^ has no power to 


104 the state executive 

grant a pardon to an individual offender before he has been 
convicted. 

State Boards and Commissions.—One of the remark¬ 
able political tendencies of recent years has been the multi¬ 
plication of boards and commissions to aid in the govern¬ 
ment of the states. Every state now has a number of such 
boards, and in some of the populous commonwealths such as 
New York and Massachusetts there are upwards of a hun¬ 
dred of them. Hardly a legislative session passes that does 
not create one or two commissions for some purpose or 
other. These boards or commissions fall roughly into five 
classes, as follows: 

First, many of these boards are of an industrial character, 
such as boards of agriculture, food and dairy commissions, 
live stock, fish, and mining commissions, and the like. In 
general their purpose is to promote the agricultural, mining, 
and industrial interests, generally, of the state, through the 
collection and dissemination of information concerning the 
best method of conducting those industries. 

A second class of boards are of a more distinctly scientific 
and research character, such as boards of health, bureaus of 
labor and statistics, geological commissions, forestry boards, 
and the like. Although some of these, like the board of 
health, are charged with the execution of certain laws, the 
general purpose of all of them is scientific research and the 
collection of data. 

A third class of boards are those charged primarily with 
the supervision of certain businesses or industries affecting 
the public interest, and with the enforcement of the laws 
relating to such businesses. Such are the railroad commis¬ 
sions, commissions of insurance, public utility commissions, 
commissions of inland fisheries, and the like. In some in¬ 
stances these commissions not only have power to pre- 


STATE BOARDS AND COMMISSIONS 105 

scribe rules according to which businesses affected with a 
pubhc interest may be carried on, but also to fix the rates 
which they may charge. 

. A fourth group of commissions or boards are those charged 
with examining applicants who desire to engage in certain 
professions or trades for which special qualifications are 
prescribed by law. Such are boards of dental examiners, 
boards of medical examiners, boards of examiners of archi¬ 
tects, of plumbers, of pharmacists, barbers, and the hke. 
The purpose of requiring such examinations is to secure a 
standard of efficiency, and to protect society against quacks. 

A fifth class includes those which have supervision over 
the public institutions of the state, educational, penal, re¬ 
formatory, charitable, etc. In recent years there has been 
a marked tendency to consolidate boards of this class, by 
putting all the charitable and penal institutions under the 
control of a single board, or under two boards, one for chari¬ 
table and the other for penal institutions. In a few states 
all the higher educational institutions are under one board. 

Members of all these classes of boards are usually ap¬ 
pointed by the governor, though occasionally a board is 
made up of members chosen by popular election. 

The State Civil Service System.—In a great and popu¬ 
lous state, the number of persons necessary to carry on 
the government in its various branches is very large. In 
New York, for example, about 60,000 persons are in the 
employ of the state government. In order to provide a 
method by which subordinate employees can be selected 
with regard to their fitness rather than with reference to 
their party services, a number of states have enacted civil 
service laws establishing the merit system of appointment. 
The states that have gone farthest in this direction are 
New York, Massachusetts, Illinois, and Wisconsin, 


I06 THE STATE EXECUTIVE 

The recent civil service laws provide, in general, for the 
classification of all positions other than those filled by 
popular election, by executive appointment, or by legis¬ 
lative choice, and for appointment to these positions only 
after an examination of the candidates. Generally, those 
who pass the examination successfully are placed on an 
eligible list in the order of the grades which they receive, 
and when an office is to be filled, the appointing officer is 
required to make his choice from the three candidates 
highest on the list. For the filling of certain positions re¬ 
quiring technical skill, special non-competitive examinations 
are given and less consideration is given to academic quali¬ 
fications. Certain positions are not placed under the civil 
service rules, and the appointing authority is allowed to 
make his choice without the necessity of examinations. 
Such are the positions of private secretary, chief clerk, and 
other employees who occupy a confidential relation to the 
heads of departments. 

The chief advantage of the examination system of filling 
civil service positions is that it eliminates the evils of the 
spoils system and pla ces the public service on a merit basis. 
It must be admitted, however, that the system is not per¬ 
fect, because fitness for the performance of administrative 
duties cannot always be determined by examinations. 
Nevertheless, it is much better than the old method known 
as the “spoils system,” under which appointments were 
made for party services; and it will in time, no doubt, be 
adopted in all the states. 


References.— Beard, American Government and Politics, ch. xxiv. 
Bradford, Lessons of Popular Government, vol. ii, ch. 32. Bryce, 
The American'Commonwealth (abridged edition), ch. xl. Dealey, 
Our State Constitutions, ch. v. Fxnley and Sanderson, The Ameri- 



THE STATE CIVIL SERVICE SYSTEM 


107 

can Executive and Executive Methods, chs. iii, vi, vii, viii, ix. Hart, 
Actual Government, ch. viii. 

Documentary and Illustrative Material.—i. The legislative man¬ 
ual of the state. 2. Copies of the governor’s inaugural address, 
messages to the legislature, veto messages, public proclamations, 
etc. 3. Copy of the revised statutes (chapter on the executive de¬ 
partment). 4. Reports of the state officers to the governor. 

Research Questions 

1. What is the term of the governor of your state? the salary? 
Do you think the salary is adequate? What are the governor’s 
qualifications? Compare the provisions of the present constitution 
with those of previous constitutions in regard to these matters. Is 
the governor eligible to succeed himself? Is it customary to reelect 
the governor in your state? What, in your opinion, are the relative 
merits of a one-year term and a four-year term for the governor? 

2. Suppose a question should arise as to who was really elected 
governor, what authority would determine the matter? Are there 
any circumstances under which the legislature may elect the gov¬ 
ernor? Is the governor of your state required to vacate his office 
immediately at the expiration of his term, or is he allowed to hold 
over until his successor has qualified? 

3. Make a list of the names of the men who have held the office of 
governor of your state, indicating the years they served and the polit¬ 
ical parties to which they belonged. (This information can be ob¬ 
tained from the blue book or legislative manual or from some history 
of the state.) 

4. Does the constitution of your state provide for a lieutenant 
governor? In general, what has been the type of men elected to 
this office? 

5. Make a list (from the blue book) of the offices in your state that 
are filled by appointment by the governor. Do you think the ap¬ 
pointive power of the governor ought to be enlarged? Mention some 
offices now filled by popular election which, in your opinion, should 
be filled by executive appointment. 

6. May the governor of your state remove officers appointed by 
him? If so, under what conditions? May he remove any officers 
elected by the people? If he finds that the treasurer of the state has 


io 8 


THE STATE EXECUTIVE 


misappropriated a large amount of state money, can he remove 
him? May the governor of the state remove any local officers? Thus 
if the sheriff should allow a prisoner in his custody to be lynched by a 
mob or the mayor of a city should refuse to execute a state prohibition 
law, may the governor suspend or remove such officers for neglect of 
duty? If not, are there any means of punishing the negligent officer? 

7. What were the principal recommendations in the message of the 
governor to the legislature at its last session? 

8. May the governor of your state veto particular items in appro¬ 
priation bills? May he sign a bill after the adjournment of the legis¬ 
lature? May he veto a bill upon grounds of public policy as well as 
upon grounds of unconstitutionality? How many bills were vetoed 
by the governor at the last session? 

9. Is there a civil service law in your state? If so, to what offices 
and employments does it apply? How are appointments made under 
the law? 

10. For what purposes and under what circumstances may the 
governor use the military forces in your state? Have there been any 
instances recently in which the militia was ordered out? What is 
meant by the governor’s “staff ”? Find out from the blue book how 
many regiments of the national guard there are in your state. 

11. Are there any restrictions on the power of the governor to 
grant pardons? May he also grant reprieves and commutations? 
May he remit fines and forfeitures? May he grant amnesties? Is 
there a pardon board in your state? If so, how is it constituted and 
what are its powers? How many pardons have been granted by the 
present governor? 

12. May the courts control the governor by issuing writs to com¬ 
pel him to do his duty or to restrain him from doing certain things? 
May he be arrested for wrongdoing? May he be compelled to give 
testimony in the courts? If not, why not? Is there any way by which 
an unworthy governor may be put out of office before the expiration 
of his term? Describe the procedure by which this is done. 


CHAPTER VI 

THE STATE JUDICIARY 

Function of the Courts.—The legislature enacts the laws, 
the executive officers enforce them, the courts interpret 
their meaning and apply them to particular cases. The 
courts are also the instrumentalities through which the 
rights guaranteed us by the constitution and the laws are 
enforced. If your neighbor owes you a debt and refuses to 
pay, if you make a contract with some one and he refuses to 
perform the stipulations, if some one injures you in your 
person or property, in these and countless other instances 
you must look to the courts for protection or redress. They 
are the agencies for settling disputes among men, for en¬ 
forcing contracts, for trying and punishing violations of the 
law, and for determining what our rights are when they are 
drawn in dispute. 

Grades of Courts.—(i) Justice of the Peace .—^At the bot¬ 
tom of the judicial system stand the courts of the justices 
of the peace, which have jurisdiction of civil cases involving 
small amounts, usually less than $150, and of petty offenses 
against the laws. On a level with these courts are certain 
municipal courts in the cities. The justice of the peace is 
a magistrate of ancient origin, and in reality his court is 
important since it is to this court that large numbers of 
persons resort for the settlement of their disputes. Too little 
attention is given to the choice of the men who fill this im- 


100 


no 


THE STATE JUDICIARY 


portant office, and the result is that the court of the justice 
of the peace has long been and still is the weakest part of 
our judicial system. Generally there are several justices 
in every town or township. Usually they are elected by 
the people, though sometimes they are appointed. One of 
the sources of the evils connected with the system is that 
they are paid fees rather than salaries. This system of 
compensation often leads them to solicit business and some¬ 
times to divide their fees with lawyers who bring cases to 
them for trial. They not only try petty civil and criminal 
cases, but they have the power to conduct preliminary ex¬ 
aminations into more serious offenses in order to determine 
whether there is ground for holding the accused for trial. In 
case the justice thinks the evidence warrants the trial of 
the offender, he “binds” him over to await the action of the 
grand jury. 

(2) County Courts .—Next above the court of the justice of 
the peace is, in some states, the county court, so called 
because its territorial jurisdiction embraces the entire 
county. This court has jurisdiction of civil cases involving 
large amounts and of more serious criminal cases. It also 
has the right to hear appeals from the justices of the peace. 

(3) Circuit Courts .—Still higher in the judicial organiza¬ 
tion, in most states, are the courts whose territorial jurisdic¬ 
tion embraces a larger area of the state—usually a group 
of counties—and which are empowered to try any civil or 
criminal case without reference to the amount in contro¬ 
versy or the character of the offense. They are generally 
styled circuit courts, because the judge usually travels from 
county to county holding court in each county in the dis¬ 
trict or circuit. Sometimes, however, they are called dis¬ 
trict or superior courtS; and in a few states “supreme” 
courts. 


GRADES OF COURTS 


III 


(4) The Supreme Coz/r/.—Finally, at the top of the judicial 
hierarchy is the supreme court, or court of appeals, as it is 
sometimes called. Unlike the other courts below, its juris¬ 
diction embraces the whole state, and the judges are elected 
or appointed usually from the state at large. Unlike the 
other courts, moreover, instead of being held by a single 
judge, it is held by a bench of judges, the number ranging 
from three to nine in the different states. It has original 
jurisdiction in certain cases, but its most important func¬ 
tion is that of hearing appeals from the decisions of the 
lower courts, and of deciding upon the constitutionality of 
the laws. In cases appealed to it from the lower courts, it 
has the final word of authority except where a federal ques¬ 
tion is involved, in which case an appeal may be taken to 
the United States Supreme Court. 

Courts of a Special Character.—The justice’s, circuit, and 
supreme courts are found in all the states, though some¬ 
times designated by different names. In addition to these, 
however, we sometimes find other courts of a more or less 
special character. 

Prohate Courts .—Thus in many states there are separate 
probate courts for the settlement of the estates of deceased 
persons, for dealing with matters relating to wills and in¬ 
heritances, and sometimes with matters affecting orphans 
and minors. They are occasionally called surrogate’s or 
orphans’ courts. In many states, however, there are no 
separate probate courts, the probate business being taken 
care of by the county court. In certain other states pro¬ 
bate courts are separately provided only for the more pop¬ 
ulous counties. 

Juvenile Courts .—Frequently in the more populous cities 
there are also juvenile courts for the trial of youthful of¬ 
fenders. 


II2 


THE STATE JUDICIARY 


Equity Courts .—In a few states the distinction between 
law and equity is still maintained, and equity jurisdiction is 
intrusted to a distinct class of courts. Equity had its origin 
in the practice of the King of England in early times in 
granting relief to suitors who, owing to the deficiencies of 
the common law, could not obtain relief through the courts 
of law. In time all such petitions came to be addressed to 
an officer who stood very close to the king and who was 
called the chancellor. Out of this office there were ulti¬ 
mately evolved the chancery courts which administered 
justice, not according to the law, but according to a less 
technical body of rules called equity. Thus there came to 
be two bodies of rules according to which justice was ad¬ 
ministered, and two classes of courts through which it was' 
done. The jurisdiction of equity courts included such mat¬ 
ters as trusts, accounts, fraud, mistake or accident, and the 
like. Equity could also prevent wrongs, wffiile law could 
only punish them.^ Thus a court of equity could command 
a person to do something for the benefit of an injured person, 
or restrain him from committing an injury, while a court of 
law could only award him damages after the injury had 
been done—a remedy often worthless or inadequate. The 
English system of equity, like the common law, was trans¬ 
planted to America, and both are still in force here except 
in so far as they have been modified by legislative acts. 
England, however, abolished the separate system of equity 
courts in 1873, the law courts to administer equity 

wherever it was applicable. Likewise, in the United States, 
separate equity courts have been done away with in all ex¬ 
cept five states, leaving the same courts to administer both 
law and equity. 

The Judges of Courts.— Qualifications .—Generally no 
^ Baldwin, The American Judiciary, p. 133. 


THE JUDGES OF COURTS 


113 

qualifications for the judicial office are prescribed by law, 
except in a few states where it is required that judges shall 
be lawyers or be ‘‘learned in the law.’' As a matter of fact, 
however, judges are nearly always lawyers, except in the 
case of justices of the peace and police magistrates, where 
extensive knowledge of the law is not essential. 

Terms of Office .—The terms of the judges vary widely 
among the different states. In the early days of our history, 
the judges generally held their offices during good behavior 
or until the attainment of a certain age, usually sixty or 
seventy years. With the growth of democracy, however, 
most of the states came to adopt short terms for judicial 
as well as for other public officials. Only in Massachusetts 
and Rhode Island do the judges of the highest court now 
serve practically for life. In New Hampshire they serve 
until they are 70 years of age. Elsewhere the tenure 
varies from two years, in Vermont, to twenty-one years, in 
Pennsylvania. In Maryland, the tenure is fifteen years; in 
New York, fourteen; in several, it is twelve, in some nine, 
in many six. The advantage of a long term is that it en¬ 
ables the judges to acquire experience and renders them less 
affected by political influence and popular clamor. 

Methods of Choosing the Judges .—In early times the 
judges were chosen either by the legislature or by the gov¬ 
ernor. Choice by the legislature was objectionable because 
it often resulted in selection by political caucuses and in 
a parceling of the judgeships among the different coun¬ 
ties or sections of the state. Appointment by the governor 
was objectionable to many because it often resulted in the 
choice of political favorites. Most of the states, therefore, 
abandoned these methods of choice for popular election, 
Mississippi in 1832 being the first state to adopt this method. 
Only in Delaware, Connecticut, New Jersey, Massa- 
Govt. U. S.—8 


THE STATE JUDICIARY 


II4 

chusetts, New Hampshire, and Maine, are the higher judges 
now appointed by the governor, — subject to the confirma¬ 
tion of the state senate or the legislature, — and only in 
Rhode Island, Vermont, South Carolina, and Virginia are 
they elected by the legislature. In all the other states they 
are elected by the people. 

The arguments in favor of popular election are that it is 
more in harmony with the principles of popular government, 
and, it is claimed by some, tends to secure a higher class of 
judges, thus doing away with the evils of executive appoint¬ 
ment and of legislative choice described above. The ob¬ 
jection to this method, however, is that it compels judicial 
candidates to engage in political contests, and by making 
their tenures dependent upon popular favor subjects them 
to the temptation of shaping their decisions to meet the ap¬ 
proval of the people, who, obviously, are not always quali¬ 
fied to judge of the soundness of judicial decisions involving 
intricate questions of law. Such a method, it is claimed by 
some, tends to secure the election of able politicians rather 
than of able judges. 

Compensation of the Judges .—The pay of the judges, like 
their terms of service, varies widely among the different 
states. The salary paid the judges of the highest court 
is not much more or less than the governor’s salary. The 
highest salary paid in any state to the judges of the high¬ 
est court is $13,700 per year, in the state of New York,^ 
a salary about as large as that of the justices of the United 
States Supreme Court. In Illinois and a few other states, 
the justices of the supreme court receive $10,000 a year. 
Many states pay less than $5,000 a year. This scale of 
salaries is very low as compared with those in England, 
where the highest judges receive $25,000, and the 

^ Trial court judges in certain districts receive $17,500 a year. 


THE JUDGES OF COURTS 115 

lowest, the county judges, $7,500 a year. A few states have 
provided a system of pensions for their higher judges who 
have served a certain number of years or who have reached 
a certain age, after which they are allowed or compelled to 
retire, but this provision has not yet become general. 

Trial of Civil Cases.—The cases brought before the courts 
for trial are of two general classes: (i) civil actions and 
(2) criminal actions. A civil action is a suit brought for 
the enforcement of a private right or to secure compensa¬ 
tion for damages on account of injuries sustained through 
the violation of one’s rights. Thus a creditor sues a debtor 
for refusing to pay a debt; an owner sues to recover property 
which has been wrongfully taken from him; a householder 
brings an action against his neighbor for trespassing upon 
his premises; and so on. The person who brings the action 
is called the plaintijf; the one against whom it is brought, 
the defendant; and the two together are known as the par¬ 
ties to the action. 

Beginning of a Civil Case. —A civil suit is usually started 
by the filing of a complaint containing a statement of the 
facts, with the court, which then issues a summons direct¬ 
ing the sheriff or constable to notify the defendant to ap¬ 
pear and make answer. If the plaintiff is a creditor and has 
reason to believe that the defendant is preparing to dispose 
of his property with the intention of defrauding him, he 
may ask the court to issue a writ of attachment authorizing 
the sheriff to take possession of the property. Or if the 
defendant is in wrongful possession of property belong¬ 
ing to the plaintiff the latter may ask the court to issue a 
writ of replevin requiring the officers to seize the property 
and turn it over to the plaintiff. In both cases, however, 
the plaintiff is required to give a bond for the costs of the 
suit and for the return of the property in case the court 


ii 6 


THE STATE JUDICIARY 


should decide that it does not properly belong to him. The 
defendant now makes an answer or plea in which he denies 
the charges of the plaintiff as a whole or in part, or admits 
their truth but denies the right of action, or maintains that 
the court has no jurisdiction, or pleads something else in 
bar of the action. The complaint of the plaintiff and the 
answer of the defendant are known as the pleadings. 

The Trial .—The issue is now joined and the case is ready 
for trial. If it is a suit in equity, it is tried by the judge 
alone without a jury. If it is a suit at law, either party may 
demand a jury, but if both parties agree to waive a jury 
trial, the case is tried by the judge alone. Frequently civil 
cases are tried without juries, the parties preferring to leave 
the decision to the judge. If, however, a jury trial is pre¬ 
ferred, a list of qualified persons is prepared and from this 
list twelve men, or six, as the parties may agree upon, are 
selected to try the case. After the jury is sworn the attor¬ 
ney for the plaintiff generally makes a statement of the facts 
upon which he rests his case. He then calls his witnesses, 
who testify to their knowledge of the facts as they are ques¬ 
tioned by counsel. When the attorney for the plaintiff has 
completed the examination of each witness, the attorney 
for the defendant is allowed to cross-examine him. Wit¬ 
nesses are required to confine their testimony to what they 
know to be the truth, and are not permitted to tell what they 
believe to be true or what they have learned from mere 
hearsa}^. 

After the plaintiff has introduced all his evidence, the de¬ 
fendant’s case is presented in a hke manner, the counsel for 
the plaintiff this time conducting the cross-examination. 
When the evidence for the defendant is all in, the plaintiff 
may introduce evidence in rebuttal, after which the defend¬ 
ant may do likewise. The next step is the argument of 


TRIAL OF CIVIL CASES 


I17 

counsel. The attorney for each side addresses the jury and 
endeavors to convince it that the evidence sustains the 
facts which he has undertaken to prove. The burden of 
proof in civil cases is usually on the plaintiff, and his attor¬ 
ney generally has the privilege of closing the argument. If 
the plaintiff has failed to make out a case the judge may 
dismiss the suit without giving the case to the jury, or if the 
evidence is such as to admit of but one conclusion, the judge 
may direct the jury to return a verdict in accordance there¬ 
with. But if the evidence leaves the question as to the facts 
in doubt, the case is given to the jury and it alone can make 
the decision. Before sending the jury to their room the 
judge instructs them as to the law applicable to the case, 
but generally in this country he cannot comment on the 
weight of the evidence or express any opinion as to the facts. 
The jury, after receiving its instructions, retires from the 
court room and deliberates in secret. If, after a reasonable 
time, the jurymen cannot agree upon a verdict they so re¬ 
port to the judge and are discharged, and the trial must be 
gone through with again. 

Judgment; Execution .—After the return of the verdict, 
the judge enters judgment in accordance therewith. In 
most civil cases the judgment, if for the plaintiff, requires 
the defendant to pay him a certain sum of money as a com¬ 
pensation for the damages he has sustained. If he refuses 
to pay, an ‘^execution’’ is issued, that is, the sheriff is re¬ 
quired to seize and sell a sufficient amount of the defendant’s 
property to satisfy the judgment. If the suit is one in equity 
the ‘decree,” as the decision is called, is not usually for the 
payment of damages but is a command to the defendant to 
do a specific thing, as, for example, to carry out a contract 
or to pay a debt; or to refrain from doing something, such 
as maintaining a nuisance to the injury of the defendant. 


ii8 


THE STATE JUDICIARA 


Appeal. —After the verdict has been rendered, the losing 
party may generally take an appeal to a higher court on the 
ground that errors were committed by the judge in the 
course of the trial, as, for example, the admission of im¬ 
proper evidence or the exclusion of proper evidence; or be¬ 
cause the verdict was contrary to the law and the evidence. 
The higher court either affirms the judgment of the lower 
court or reverses it. If it affirms the judgment, it must 
then be carried out; if it reverses the judgment a new trial 
is granted and the whole procedure is gone through again. 

Trial of Criminal Cases.—Criminal actions, unlike civil 
actions, are brought, not by the injured party, but by the 
state whose peace and dignity have been violated by the 
act complained of. The officer who brings the action in the 
name of the state is called the prosecuting attorney, the dis¬ 
trict attorney, or the staters attorney. He conducts prelimi¬ 
nary investigations into crimes and presents cases to the 
grand jury for indictment. If the grand jury returns the 
indictment, that is, decides that the accused shall be held 
for trial, the prosecuting officer takes charge of the case and 
conducts it for the state. 

The Arrest. —Usually the first step in the trial of a person 
charged with crime is to cause his arrest. The person in¬ 
jured, or any one else who may have knowledge of the crime, 
appears before a magistrate and makes a complaint setting 
forth the facts in regard to the crime. If the magistrate is 
satisfied as to the truth of the complaint, he issues a war¬ 
rant commanding the sheriff or some other police officer to 
arrest the accused. The warrant must particularly describe 
the offense, the place where committed, and the circum¬ 
stances under which it was committed, and must give the 
name of the person to be arrested. But in some cases an 
arrest may be made without a warrant, as when an offender 


TRIAL OF CRIMINAL CASES 119 

is seen committing a crime or when an officer has good rea¬ 
son to beheve that the person who is charged with com¬ 
mitting a crime is the guilty person. In practice, police¬ 
men frequently arrest on mere suspicion, and if they do so 
in good faith they will rarely be held liable for damages. 
Any private individual, as well as an officer, may arrest 
without warrant a person whom he sees committing a 
crime. He may also arrest a person whom he suspects of 
having committed a capital crime, although without per¬ 
sonal knowledge of his guilt. ^ 

Commitment .—When arrested the accused is brought be¬ 
fore a justice of the peace and examined. If the justice of 
the peace, after such examination, believes that the accused 
should be held for trial, he is committed to jail. If the of¬ 
fense is a minor one it can be tried by the justice of the 
peace. If it is a more serious crime the justice of the peace 
can hold the offender to await the action of the grand jury. 

Habeas Corpus Proceedings .—If at any time it is alleged 
that a person is unlawfully deprived of his liberty, a judge 
may issue a writ of habeas corpus and inquire into the 
case. In this way an accused person may be set free if 
there is no sufficient reason for holding him. 

Bail .—If the offense is not a capital one, the accused can 
secure his release from the jail while awaiting trial by giv¬ 
ing bail. That is, he can get one or more persons to obligate 
themselves to pay to the state a certain sum of money 
should he fail to appear for the trial at the time set. Such 
persons are called sureties, and they have a certain power of 
control over the accused as a means of insuring his appear¬ 
ance for the trial. The constitutions of all the states allow 
the privilege of bail except in capital cases, and they all 
declare that the amount of bail required shall not be ex- 
1 Baldwin, The American Judiciary, p. 227. 


120 


THE STATE JUDICIARY 


cessive, that is^ shall not be more than is sufficient to insure 
the appearance of the accused for trial. What this amount 
is must be determined by the judge according to his own 
discretion, due regard being paid to the gravity of the of¬ 
fense, the nature of the punishment, and the wealth of the 
defendant or his friends. If the offender has been bound 
over to await the action of the grand jury, the next step in 
the proceedings is the indictment. 

The Grand Jury is one of the ancient institutions of the 
common law. The number of persons constituting the 
grand jury was originally twenty-three, but many of the 
states have changed this, a common number being fifteen. 
The grand jury is chosen by lot from a carefully prepared 
list of persons in the county, qualified to serve. The mem¬ 
bers are sworn in on the first day of the term of court and 
are then “ charged ” by the judge to make a diligent inquiry 
into all cases of crime that have been committed in the 
county, and to return indictments against such persons as 
in. their opinion should be held for trial. They then retire 
to their room and conduct their investigations in secret. 

The Indictment .—It must be remembered that the pro¬ 
cedure of a grand jury is not in the nature of a trial of the 
accused; it is only an inquiry to ascertain whether there is 
sufficient evidence of guilt to warrant his being put on trial. 
In conducting this investigation, the grand jury hears only 
one side of the case, that of the prosecution, neither the 
accused or his witnesses being heard. The prosecuting at¬ 
torney attends, the sessions of the grand jury and aids it in 
the conduct of its inquiries. He prepares the indictment 
and it is often upon his recommendation that the grand 
jury decides to indict or not to indict. In some states the 
procedure of indictment by grand jury for all offenses, or 
for all except the most serious ones, has been done away 


TRIAL OF CRIMINAL CASES 


I2I 


with, the accusation taking the form of an information ” 
filed by the prosecuting attorney. One of the reasons given 
for abolishing the grand jury is that it is often a source of 
delay since it can be called only when the court is in session, 
and in some communities the court is not in session for 
long periods in every year. 

The Arraignment .—After the accused has been indicted 
the next step is to bring him before the court and arraign 
him. The charge is first read to him and he is directed to 
plead. If he pleads guilty, no further action is taken and 
the judge imposes the sentence. If he pleads not guilty, the 
trial proceeds. If he has no counsel to defend him, the 
court appoints some member of the local bar to act as his 
attorney, and the lawyer so designated is under a profes¬ 
sional obligation to undertake the defense and do all in his 
power to clear him. In this way the murderer of President 
McKinley was enabled to have the benefit of counsel. 
Many writers on criminal law, indeed, contend that the 
state ought to employ regular public defenders for accused 
persons just as it employs public prosecutors, since it 
should be equally interested in seeing an innocent man 
acquitted as in seeing a guilty one convicted.^ 

Selection of the Jury .—The next step is the impaneling 
of a jury of twelve men to try the case. The law requires 
that the jury shall be selected from the community in 
which the offense was committed, in order that the accused 
may have the benefit of any good reputation which he may 
enjoy among his neighbors. The jury is chosen by lot 
from a list of persons qualified to perform jury service, and 
the jurymen are sworn to return a verdict according to the 
law and the evidence. Each side is allowed tochallenge,'' 

^ In several instances provision has recently been made for such 
an officer; for example, in Los Angeles. 


122 


THE STATE JUDICIARY 


that is, ask the court to reject, any juror who has formed an 
opinion of the guilt or innocence of the accused or who is 
evidently prejudiced. In addition, each may reject a cer¬ 
tain number of jurors “peremptorily/^ that is, without 
assigning a cause. 

The Trial .—After the jury has been impaneled, the 
prosecuting attorney opens the trial by reciting the facts 
of the case and stating the evidence upon which he expects 
to establish the guilt of the accused, for the law presumes 
the prisoner to be innocent, and the burden of proof to show 
the contrary rests upon the state. The procedure of ex¬ 
amining and cross-examining the witnesses is substantially 
the same as in the* trial of civil cases. There are well- 
established rules in regard to the admissibility of evidence 
and the weight to be attached to it, and if the judge com¬ 
mits an error in admitting improper evidence or in exclud¬ 
ing evidence that should have been admitted in the inter¬ 
ests of the accused, the prisoner may, if convicted, have 
the verdict set aside by a higher court and a new trial 
granted him. One of the rules of procedure is that the jury 
must be satisfied beyond a reasonable doubt, from the 
evidence produced, that the accused is guilty. 

Verdict; Sentence .—After being charged by the judge as 
to the law applicable to the case, the jury retire to a room 
where they are kept in close confinement until they reach 
a unanimous verdict. If they cannot reach an agreement, 
they notify the judge, who, if satisfied that there is no 
longer any possibility of an agreement, discharges them; 
then the accused may be tried again before another jury. 
If a verdict of not guilty is returned, the court orders the 
prisoner to be set free; if a conviction is found, sentence is 
imposed and the punishment must be carried out by the 
sheriff or some other officer. The usual punishment is fine, 


TRIAL OF CRIMINAL CASES 


123 

imprisonment in the county jail or state penitentiary, or 
death inflicted by hanging or electrocution. In a few 
states, notably Maine, Michigan, Wisconsin, Rhode Island, 
and Kansas, punishment by death has been abolished. 

Probation; Reformation .—Imprisonment is generally for 
a specified period, though recently in a number of states 
the indeterminate sentence has been provided, that is, the 
judge is allowed to sentence the offender for an indefinite 
period, the length of which will depend upon the behavior 
of the prisoner and on the promise which he may show of 
leading a better life after being released. When thus re¬ 
leased he may be placed on probation and required to re¬ 
port from time to time to a probation officer in order to 
show that his conduct is satisfactory. If unsatisfactory, he 
may be taken up and remanded to prison. The tendency 
now in all enlightened countries is to adopt a system of 
punishment that will not only serve as a deterrent to crime 
but at the same time help to reform the criminal and make 
a better citizen of him. The old idea that the purpose of 
punishment was revenge or retribution has nearly every¬ 
where disappeared, and in place of the severities of the old 
criminal code we have introduced humane and modem 
methods which are probably just as effective in deterring 
others from wrongdoing, and besides conduce to the refor¬ 
mation of many unfortunate criminals. 

References.— Baldwin, The American Judiciary, chs. viii, xii, xiv, 
XV, xvii, xxii. Beard, American Government and Politics, ch. xxvi. 
Bryce, The American Commonwealth (abridged edition), ch. xli. 
Hart, Actual Government, ch. ix. McCleary, Studies in Civics, 
chs. ii, vii. Willoughby, Rights and Duties of Citizenship, ch. vii. 

Illustrative Material.—i. The legislative manual or blue book of 
the state. 2. A map showing the division of the state into judicial 
districts. 3. Copies of legal instruments, such as warrants of arrest, 
indictments, subpoenas, summonses, etc. 


124 


THE STATE JUDICIARY 


Research Questions 

1. What are the several grades of courts in your state? In what 
judicial district or circuit do you live? Who is the judge for that 
district or circuit? 

2. What are the terms of the supreme court justices? The circuit 
or district judges? The county judges? Do you think these terms 
are too short? Would a good behavior term be better? 

3. What is the pay of judges in your state? Do you think these 
salaries are large enough to attract the best lawyers of the state? 
Are the salaries fixed by the constitution or by act of the legislature? 

4. How are the judges chosen? Has the existing method given 
satisfaction? Do you think judges should engage in politics? Where 
they are chosen by popular election, should they canvass the district 
or state as other candidates do? 

5. Are there separate chancery (equity) courts in your state? 
separate probate courts? separate juvenile courts? If not, what 
courts have jurisdiction of such matters as belong to such courts? 

6. How are justices of the peace in your state chosen? What 
is the extent of their jurisdiction in civil cases? in criminal cases? 
What is the method of compensating justices of the peace? 

7. How often is the circuit court held in your district? How often 
the county court? 

8. How are juries selected in your state? How could a better class 
of jurors be-selected? Do the good citizens show a disposition to 
shirk jury duty? What are the merits and demerits of the jury sys¬ 
tem? Do you think a unanimous verdict ought to be required in 
criminal cases? 

9. Is the grand jury retained in your state for making indictments? 
If not, how are indictments prepared? What is the difference be¬ 
tween an indictment and an information? 

10. Why are citizens never justified in resorting to lynch law even 
when there is a flagrant miscarriage of justice? Has there ever been 
a case of lynching in your county? 

11. What are some of the causes for the “ delays of the law ”? How 
could delays be shortened and the trial of cases made more prompt? 

12. What are the qualities of a good judge? Upon whom are the 
rights of the people most dependent, the executive officers or the 
judges? 


CHAPTER VII 


SUFFRAGE AND ELECTIONS 

Nature of the Elective Franchise.—The right of suffrage, 
that is, the right to take part in the choice of public officials, 
is sometimes said to be a natural and inherent right of the 
citizen, but in practice no state acts upon such a principle. 
The better opinion, as well as the almost universal practice, 
is that suffrage is not at all a matter of right, but a privilege 
bestowed by the state upon those of its citizens who are 
qualified to exercise it intelligently and for the public good. 
No state allows all its citizens to vote; all the states restrict 
the privilege to those who are at least twenty-one years of 
age; all confine the privilege to those who are hona fide 
residents of the community; and some require educational, 
property, and other qualifications of various kinds. Most 
of them deny the right to women, though women are citizens 
equally with males. On the other hand, eight states allow 
aliens who have formally declared their intention of becom¬ 
ing citizens, to vote equally with citizens in all elections.^ 
The terms “voter” and “citizen,” therefore, are not identi¬ 
cal or synonymous. 

Existing Qualifications for Voting.—In the early days of 
our history restrictions on the voting privilege were much 
more numerous and stringent than now. Most of the early 
constitutions limited the privilege to property owners, and 

‘ These states are Arkansas, Indiana, Kansas, Missouri, Nebraska, 
Oregon, South Dakota, and Texas. 


126 


SUFFRAGE AND ELECTIONS 


some prescribed religious tests in addition. It is estimated 
that at the beginning of the nineteenth century not more 
than one person in twenty had the right to vote, whereas 
now probably the proportion is one in five. 

Federal Restriction.—hv the United States the power to 
prescribe the qualifications for voting in both national and 
state elections belongs to the individual states, subject only 
to the condition that in fixing the suffrage they cannot 
abridge the privilege on account of race, color, or previous 
condition of servitude. This provision is found in the Fif¬ 
teenth Amendment to the Federal Constitution, adopted 
in 1870, and its purpose was to prevent the states from 
denying the privilege of suffrage to negroes who by the 
Fourteenth Amendment, adopted in 1868, had been made 
citizens of the United States. This provision does not, 
however, prevent the states from limiting the privilege on 
other grounds, such as illiteracy, criminality, vagrancy, 
nonpayment of taxes, and the like. 

The Residence Requirement .—In the first place, all the 
states require residence for a specified period in the state 
and in the election district in which the voter exercises his 
privilege of voting. The purpose of this requirement is to 
confine the franchise to those who have become identified 
with the interests of the community, and to exclude outsiders 
or newcomers who are unfamiliar with local conditions and 
unacquainted with the qualifications of the candidates. 
The required length of residence in the state ranges from 
three months in Maine to two years in most of the Southern 
states, the more usual requirement being one year. The 
period of residence required in the county or election dis¬ 
trict is shorter, the most common requirement being three 
months in the county and one month in the election district. 

Educational Tests .—In addition to this requirement. 


EXISTING QUALIFICATIONS FOR VOTING 127 

nearly one third of the states insist upon some kind of edu¬ 
cational test. Connecticut in 1855 was the first state to re¬ 
quire ability to read and write. Massachusetts followed her 
example shortly thereafter, and the precedent set by these 
two states was soon followed, with modifications, by Cali¬ 
fornia, Maine, Wyoming, New Hampshire, Delaware, and 
Washington. 

The adoption of the Fifteenth Amendment in 1870, which 
indirectly conferred the right to vote on the negro race, and 
the unfortunate results which followed the enfranchise¬ 
ment of the large mass of blacks in the South, led some of 
the Southern states to adopt educational and other restric¬ 
tions to diminish the evils of an ignorant suffrage. Missis¬ 
sippi in 1890 took the initiative, and required ability either 
to read the constitution of the state or to understand it 
when read by an election officer. South Carolina followed 
her example in 1895, but with the modification that an 
illiterate person who was the owner of at least $300 worth 
of property should not be disfranchised. Louisiana, Ala¬ 
bama, North Carolina, Virginia, Oklahoma, and Georgia 
followed with restrictions based on similar principles. In 
several of these states, however, the educational qualifica¬ 
tion does not apply to those who were voters in 1867 (when 
the negro race was still unenfranchised), or to their de¬ 
scendants, or to those who served in the army or navy dur¬ 
ing the Civil War. But in 1915 the Supreme Court of the 
United States decided, in the case of Oklahoma, that these 
so-called “ grandfather ” provisions were unconstitutional. 

Other Persons Excluded .—Most of the states deny the 
right to vote to convicted criminals, idiots, and insane per¬ 
sons ; some, particularly those of the South, insist that the 
voter must have paid his taxes; some exclude vagrants, 
paupers, and inmates of public institutions. 


128 


SUFFRAGE AND ELECTIONS 


Woman Suffrage.—^In Colorado, Idaho, Utah, Wyoming, 
Washington, California, Arizona, Kansas, Oregon, Alaska, 
Montana, Nevada, New York, Michigan, South Dakota, and 
Oklahoma women may vote equally with men in all elections. 
In Illinois, Nebraska, and North Dakota they may vote 
for presidential electors and for the filling of offices created 
by state laws, but not for those mentioned in the state 
constitution. In Rhode Island and Ohio ^ they may vote 
for presidential electors, and in Arkansas they may vote 
in the primary elections. In many states women may 
vote in school elections; and in a few, women taxpayers 
may vote on proposed bond issues. 

Arguments against Woman Suffrage .—The principal argu¬ 
ments advanced by the opponents of woman' suffrage are: 
that active participation of women in political affairs will 
tend to destroy their feminine qualities by forcing them into 
political campaigns, and thus causing them to neglect their 
children; that it will tend to introduce discord into family 
life by setting husband against wife on political issues; 
that since women are incapable of discharging all the obliga¬ 
tions of citizenship, such as serving in the army, militia, or 
police, they ought not to have all the privileges of citizen¬ 
ship ; that a majority of the women do not desire the privi¬ 
lege of voting; and that men can be trusted to care for the 
interests of the whole family. 

Arguments in Favor of Woman Suffrage .—In favor of giv-' 
ing the ballot to women, it is argued that differences of sex 
do not constitute a logical or rational ground for granting or 
withholding the suffrage if the citizen is otherwise quali¬ 
fied ; that women should be given the ballot for their own 
self-protection against unjust class legislation; that since 
millions of them have become wage earners and are compet- 
1 In Ohio women may also vote in municipal elections. 



\’OTER Casting a Ballot 






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WOMAN SUFFRAGE 


129 

ing with men in nearly every trade and occupation and in 
many of the learned professions, the argument that the 
wage earner should have the ballot as a means of defense 
applies equally to women as to men; that since the old civil 
disabilities to which they were formerly subject, such as the 
inability to own real estate, enter into contracts, and engage 
in learned professions, have been removed, it follows logically 
that their political disabilities should be removed also; and 
that since many of them have become property owners and 
taxpayers it is unjust to permit the shiftless nontaxpaying 
male citizen to take part in choosing public officials and at 
the same time deny the right to women taxpayers. More¬ 
over, it is argued that the admission of women to a share in 
the management of public affairs would inure to the common 
good by introducing into political life a purifying and en¬ 
nobling element which would not only elevate the tone of 
politics, but also conduce to better government. Women 
are vitally interested in such matters as taxation, educa¬ 
tion, sanitation, labor legislation, pure food laws, better 
housing conditions in the cities, the prohibition of the 
saloon, and many other matters, and it is maintained that 
in those states where they have been given the right to vote 
they have been instrumental in securing wise legislation 
on many of these subjects. Finally, it is argued, the fact 
that some women do not care for the privilege is no reason 
why it should be denied to those who do desire it. 

The Duty to Vote.—The better opinion is that the exer¬ 
cise of the suffrage is not only a high privilege conferred by 
the state on a select class of its citizens, but is a duty as 
well, and one that ought not to be shirked or carelessly per¬ 
formed. Among the great dangers of popular government 
are indifference and apathy of the voters. If popular gov¬ 
ernment is to be a success, we mus.t have not only an 
Govt. U. S.-:::0* 


SUFFRAGE AND ELECTIONS 


130 

intelligent and honest electorate but also one which is wide¬ 
awake and vigilant. Under a democratic system of govern¬ 
ment like ours, the character of the government is largely 
what the voters make of it. If we are to have capable and 
honest officials to enact laws and enforce them, the voters 
must see to it that such men are nominated and elected and 
compelled by the pressure of a vigorous and alert pubhc 
opinion to the faithful performance of their duties. Every 
voter should inform himself as to the quahfications of can¬ 
didates for office and as to the merits of policies upon which 
he is called to express an opinion, and having done this, he 
ought to go to the polls and contribute his share to the elec¬ 
tion of good men and the adoption of wise public measures. 

Compulsory Voting .—The question has sometimes been 
discussed as to whether one who possesses the privilege of 
voting ought not to be legally required to exercise it just 
as the citizen is compelled to serve on the jury or in the 
militia. Several European countries, notably Belgium and 
Spain, have adopted a system of compulsory suffrage under 
which failure to vote is punishable by disfranchisement, 
an increase of taxes, publication of the name of the negli¬ 
gent voter as a mark of censure, etc. But however repre¬ 
hensible the‘Conduct of the citizen who neglects his civic 
obligations and duties as a member of society, it is hardly 
the province of the state to punish the nonperformance of 
such a duty. Moreover, if required by law the duty might 
be exercised as a mere form and without regard to the pub¬ 
lic good. Better results are likely to be obtained by treat¬ 
ing it as a moral duty and a privilege rather than a legal obli¬ 
gation. But public opinion ought to condemn the citizen 
who without good cause neglects his obligations to society, 
one of which is the duty to take part in the election of those 
who are responsible for the government of the country. 


THE REGISTRATION REQUIREMENT 


131 

The Registration Requirement.—Nearly all of the states 
now require as a preliminary condition to the exercise of 
the suffrage that the voter shall be ‘‘registered/’ that is, 
that he shall have his name entered on a list containing 
the names of all qualified voters in the election district who 
are entitled to take part in the election. The purpose of this 
requirement is to prevent double voting and other abuses 
of the electoral privilege. In densely populated districts 
it is impossible for the election judges to know personally 
all the voters, and hence without some means of identifying 
them it would be difficult to prevent persons outside the 
district from taking part in the election or to prevent those 
properly qualified from voting more than once. In a few 
communities, however, the old prejudice against such a 
requirement still prevails; for example, the-constitution of 
Arkansas declares that registration shall not be required 
as a condition to the exercise of the elective franchise. 

Methods of Registration .—Two general types of registra¬ 
tion requirements are now in existence. One is the require¬ 
ment that the voter shall present himself in person before 
the board of registration prior to each election and get his 
name on the list. The chief objection to this requirement 
is that it constitutes something of a burden to the voter 
and often disfranchises him on account of his negligence or 
inability to register on the day prescribed. 

The other type of registration requirement is in force 
in Massachusetts, Pennsylvania, and many other states. 
Where this system prevails, when the voter’s name is placed 
on the registration list, it is kept there so long as he remains 
in the district, and it is unnecessary for him to register each 
year. The principal criticism of this plan is that the regis¬ 
tration list is less likely to be correct, because the names of 
persons who have died or moved away are likely to be kept 


SUFFRAGE AND ELECTIONS 


132 

on the list; whereas under the other method they would be 
stricken off. 

Time of Holding Elections.—National elections for the 
choice of President and Vice President are held on the 
Tuesday after the first Monday in November every four 
years. Elections for representatives in Congress are held 
on the same date, in most states, every second year. Elec¬ 
tions for state officers are generally held on the same day 
as national elections, though where state officers are chosen 
annually, state elections of course come oftener. A few 
states, however, prefer to hold their elections at a different 
date from that on which national elections are held. Four 
states, Kentucky, Maryland, Massachusetts, and Virginia, 
hold theirs in the odd years, while national elections always 
occur in the even-numbered years. A few others which 
have their elections in the even-numbered years hold them 
at a different time of the year from that at which national 
elections are held. Thus Arkansas and Maine hold their 
state elections in September, Georgia holds her election in 
October, and Louisiana holds hers in April. 

In many of the states an attempt is made to separate 
national and state elections from municipal elections- in 
order to encourage the voters to select municipal officers 
without reference to state or national issues. Thus in New 
York, where national and state elections occur biennially 
in the even-numbered years, city elections are held in the 
odd-numbered years. Likewise, in Illinois, city elections 
are held in April, while state and national elections are held 
in November. So, too, in some states judicial elections 
are held at a different date from other elections, in order 
to minimize the influence of party politics in the selection 
of judges. 


TIME OF HOLDING ELECTIONS 


133 

Other local elections—township, county, and village— 
are held in some cases at the same time as the state election, 
and in other cases such elections, or some of them, are held 
on different days. 

Manner of Holding Elections.—Before an election can 
be held, due notice must be given of the time and place at 
which it is to be held and the offices to be filled or the ques¬ 
tions of public policy to be submitted to the voters. For 
the convenience of the voters the county or city is divided 
into districts or precincts each containing a comparatively 
small number of voters, and for each district there is pro¬ 
vided a polling place with the necessary number of booths, 
ballot boxes, and other election paraphernalia. The re¬ 
sponsibility for preparing the ballots, giving notice of the 
election, and providing the necessary supplies is intrusted 
to certain designated officials. Sometimes the county clerk, 
sometimes the city clerk, and sometimes, as in the large 
cities, a board of election commissioners, performs these 
duties. 

Election Officers .—At each polling place, on election day, 
there is a corps of election judges or inspectors, poll clerks, 
ballot clerks, and the like. Each party is allowed to have 
one or more watchers, and frequently there is a police offi¬ 
cial to maintain order at the polls. While the polls are 
open, electioneering within a certain number of feet of the 
election place is forbidden, and usually no person except 
the election officers, the watchers, and the person who is 
casting his ballot are allowed in the polling room. Every 
polling place is equipped with one or more voting booths 
which must be so constructed as to insure secrecy on the 
part of the voter while he is marking his ballot. The polls 
are opened at a designated hour, and before the balloting 
begins the ballot boxes must be opened and exhibited to 


134 


SUFFRAGE AND ELECTIONS 


show that they are empty, after which they are locked 
and the casting of the ballots begins. 

Evolution of the Ballot.—In the early days of our history, 
voting was by viva voce, that is, by living voice. Each voter 
as he appeared at the polling place was asked to state the 
names of the candidates for whom he desired to vote, and 
this he did in a distinct voice that could be heard by the 
bystanders as well as the election officials. The obvious 
objection to such a method was that it did not secure se¬ 
crecy, and moreover it stimulated bribery because it was 
easy for a person who purchased a vote to see that the vote 
was delivered as paid for. The states soon began to experi¬ 
ment with the method of voting by ballot, and the advan¬ 
tages were so evident that in time this method was adopted 
in all of them, the last state to abandon the old method 
being Kentucky in 1891. 

At first written ballots were generally used; then it be¬ 
came the practice for each candidate to print his own bal¬ 
lots; and later each party would put on the same ballot the 
names of all the party candidates and have them printed 
at the expense of the party. Each of these methods had its 
disadvantages. When the last method prevailed, for ex¬ 
ample, the ballots of the different parties were printed on 
different colored paper, so that it was easy to ascertain a ^ 
voter’s intentions by the color of the ballot in his possession. 
These ballots were distributed days before the election 
and were frequently marked by the voter before going to 
the polls. Such a system not only made secret voting diffi¬ 
cult, but it afforded abundant opportunities for using undue 
influence over certain classes of persons to compel them 
to vote for particular candidates. To remove these and 
other evils which increased as time passed, the Australian 
ballot system, with modifications, was introduced into this 


EVOLUTION OF THE BALLOT 


135 


country, first by the state of Massachusetts in 1888, and 
in one form or another it is now found in practically all the 
states. 

The Australian Ballot.—The distinguishing features of 
the Australian system are the following: The names of all 
the candidates of every political party are placed on a 
single ballot; this ballot is printed at public expense and not 
^ by the candidates or parties; no ballots are distributed be¬ 
fore the election, and none are obtainable anywhere except 
at the polls on election day, and then only when the voter 
presents himself to vote; and the ballot can be marked only 
in voting booths provided for the purpose, and in absolute 
secrecy. 

The Australian system has been more or less modified 
in all the states where it has been introduced, so that it 
really does not exist in its pure form anywhere in this coun¬ 
try, the nearest approach to it being the Massachusetts 
system. The prevailing forms may be reduced to two gen¬ 
eral types: the office column” type, of which the Massa¬ 
chusetts ballot is a good example; and the ‘‘party column” 
type found in Indiana and many other states. 

The Office Column ” Ballot has the names of the candi¬ 
dates for each office arranged in alphabetical order under the 
title of the office, and to vote such a ballot it is necessary 
for the voter to look through each column, pick out the 
candidate he favors, and mark a cross in a blank space 
opposite each name for which he votes. To do this requires 
not only considerable time, but a certain amount of in¬ 
telligence and discrimination. 

The Party Column^' Ballot arranges the candidates, 
not under the offices which they are seeking, but in parallel 
columns according to political parties, there being a column 
for each party. Opposite each’ candidate’s name on the 


136 


SUFFRAGE AND ELECTIONS 


to vote for a Person, mark a Crois X lo tOe Square at y 
tbe rl(ht of the Party Ifarae, or Political Oeticnation. 

To vote for a Person, mark a Crosa X in fRo 8?®*** 
the nght of the Party Name, or Political Designation. 

X 

OOVBBNOR . . . . . 


OOMOBBSSUAM — Teutb Ul.lrln . 

. . Mark ONE. 

James t. OaEKY—olRenmiu 

^ . • 6ocliiU$t 1 

.1. MITCHELL OALVIN-.rito.w. , 

. , llapobHoui 


KBEN 8. DKAPEKw.ra.p«iate ' , 

• r fiepabllcftie 

CHARLES J. KIDNEY-orB,»to. , 

IndopeiHleooe Lesaor 


WALTER J. HOAK»otW«n.€n<r 

. SocUlU«L*tHFr 1 

JirSEI'H F. O’CON-NELL-.rBtoto. , 

,, , Democratle 


WILLIAM M. fV8000D-iru«n. . 

Indepeodmce I 

HAZARD STEVENS-or. 

, . Free Trader 


JAMES H. VABKr~«rvr.unow. . 

• . DrtnocrftUc | 



WILLARD 0 . WTUE-irheralr ' , 

' l*rohtblUnn | 


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► - 5vi'.1 

COTTKOnsLOR^SecMed Dltcrtwi . 

. . . Mark ORB. 

» ZalSUTBNAKT OOVBRNOB " 

• iv't -, . , Mark ONB. 

. ALBION F. BEMIS-oTBrookllM 

. .'v . Republican 


'CHARLES O. KII>nF.R .fTuoto. . 

li><lef>6f>d«Dea L««c«f 


CHARLES J, liAKTI>N-.rM.lr»» , 

a*' . Orimecmtlc 1 " 


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olUAU C'LrAUiil9il/>-*riV«w De<tfer4 • 





LOUIS A. FROTH INOHAM-of Oort«> .* . Repobllenn | \ 

SENATOR — rinl Hcrfblt Ol.trM , 

. . . Mark ONB. 

•K1fi2l If ALL, Jr. —•rwanapcl^Md 

. . Socialtfet I 

JAMES K. KOLRY—of Randolph . 

' . < Dvrtiocrmttc 


HUBERT J. McPAimrBT-.rKhit.to. 

fndepandmee LMwne ] 

.lOHN J. OALLAOHER-ofHrte Fork 

, i Soetelfot 


KRAtIK N. 'RAND-.ra.nruii . 

. . ProhlbltUm | 

KUOKNE C. HULTMAN-ofQaiocT • 

. R«JHlb!l6M 1 

1 

1 


Office Column Ballot 
Part of Massachusetts Ballot of November, 1908 



Demicnlie Tickgt. 


Remiblican Ticket. 


E 

ForOovernor, 
inOMAS R. MABSHAUa 

B 

For Ooveraor, 

JAUFS F,. WATSON. 

rwMi. 






E 

[ For Lleutetiaal.Oovcrnart 

FRANK J. HAU.. . 

E 

For LieutcBant>Cov«nior, 
FREMONT COODWINE. 

nram. 


For SeeraUiy of ftate, 

4AMB8 F. OOX. 


For Secretary of 8ut«, 

FRED A. BQtS. 


E 

E 

Pnom. 


. Fee Auditor of Sute, 

MARION BAILEY. 


For Auditor of Sute, 

JOHN C BILLHEIMBR. 


B 

E 

PROfU. 


For TWawrir of 8uu, 

JOHN UBfaYROER. 


Tor Trenaurer of Suie, 

OSCAR HADLEY 


B 

B 

ntfet- 


Prokiliitioii Ticket. 

For Coventor, 
SXJMNER W, HAYKES. 


For Lieutenant-Covtnnr, 
ABRAHAM HUNTSINOER 


For Secrcury of Sute. 
WILLIAM U. HaU 


For Auditor of .Stite, 
HE^mY COONS. 


For tntmnr of Scufe, 
Wm,TAM H. CRORDEn, 


Party Column Ballot 


Part of Indiana Ballot of November, 1908 


























































THE AUSTRALIAN BALLOT 


137 

party column” ballot is a blank space, and at the head of 
each column is a circle and usually a device or emblem to 
indicate the party. By making a mark in this circle the 
voter may cast a ballot for all the candidates of the party. 
This is called ‘‘straight” voting. He may if he wishes, 
however, vote a “split” ticket by putting a cross in the 
blank spaces opposite the names of candidates of his choice 
in the different columns. The chief objection that has been 
urged against this type of ballot is that by making it so 
easy to vote a “straight” ticket, it encourages strict party 
voting, whereas independent voting, especially in city elec¬ 
tions, should be encouraged by every possible means. 

The “office column” ballot, on the other hand, encourages 
independent voting by making it just as difficult to vote a 
“straight” ticket as a “split” one. In Massachusetts there 
has been a remarkable amount of independent voting, due 
partly to the form of ballot used. The “office column” 
type of ballot is now used for all elections in about one 
fourth of the states, and in a number of others for municipal 
elections. 

Ballot Reform.—In recent years there has been con¬ 
siderable discussion of the subject of ballot reform^ and not 
a little experimenting with different schemes. Political 
reformers generally demand the abolition of the “party 
column” form, or at least the abolition of the party circle, 
as a means of discouraging straight party voting, but the 
professional politicians insist upon its retention. What¬ 
ever may be the form ultimately adopted, one reform is 
desirable, namely, greater simplification, to the end that 
the electoral franchise may be exercised more intelligently 
and easily. In some of our states the number of elective 
offices has increased to such proportions, and the ballot to 
such size, that it has become a real burden to vote it. 


SUFFRAGE AND ELECTIONS 


138 

A ballot used in Chicago in 1906 contained the names of over 
330 candidates and was over two feet in length and nearly two feet in 
width. From this bewildering array of names the voter was com¬ 
pelled to pick out his choice for the following offices: state treasurer, 
state superintendent of public education, trustees of the University of 
lUinois, representative in Congress, state senator, representative in 
the state assembly, sheriff, county treasurer, county clerk, clerk of 
the circuit court, county superintendent of schools, judge of the 
county court, judge of the probate court, members of the board of 
assessors, judges of the municipal court for the two-year term (nine 
to be elected), members of the board of review, president of the board 
of county commissioners, county commissioners (ten to be elected on 
general ticket), trustees of the sanitary district of Chicago (three to 
be elected), clerk of the municipal court, chief justice of the municipal 
court, judges of the municipal court (nine to be elected), judges of the 
municipal court for the four-year term (nine to be elected). In Ore¬ 
gon in the election of 1912 the ballot contained the names of 177 can¬ 
didates and 3 7 laws and amendments. 

To vote ballots containing many names requires a good 
deal of care, if not experience, to avoid error which will 
result in having it thrown out, for the regulations governing - 
the marking of the ballot are very strict and must be ob¬ 
served if the vote is to be counted. Accordingly, elaborate 
instructions covering large sheets are posted thrpughout 
the election district and at the polls for the guidance of 
the voters, and these have to be carefully studied by inex¬ 
perienced voters who desire to avoid mistakes. Sample 
ballots also may be provided for practice. One result of 
the increasing complexity of the ballot is to give an unde¬ 
sirable advantage to the professional politicians who under¬ 
stand how to vote such ballots, and to discourage those 
who are not politicians. 

Voting Machines .—A few states have adopted voting 
machines, especially for their large cities. These are so 
arranged that the voter may, by going into a booth and 


BALLOT REFORM 


139 

pulling a number of kn^s, register his vote quickly and 
without the danger of spoihng his ballot. When the 
polls are closed the results are already recorded on a 
dial, and the long delay in counting the returns is elimi¬ 
nated. The chief objection to the voting machine, how¬ 
ever, is the expense, and this has prevented its more general 
adoption. 

Formalities of Voting.—When the voter presents himself 
at the polls ^ he must announce his name and address to the 
election officials. If his name is found on the registration 
list, he is given a ballot and his name entered on the poll 
book. He then enters a booth, where he marks his ballot, 
for which purpose he is allowed to remain therein not exceed¬ 
ing a certain length of time. He must not mark his ballot 
in such a way that it can be identified after it has been 
placed in the ballot box, and no erasures are allowed. If he 
spoils his ballot he will be given another, and if he is phys¬ 
ically unable to mark it, or if, in some states, he is illiterate, 
he will be allowed the assistance of two persons representing 
different political parties. His right to vote may be chal¬ 
lenged, in which case he will be required to identify himself 
or swear in ” his ballot, a record of which must be duly kept. 
When he has marked his ballot he must fold it in such a 
manner as to conceal its face, and hand it to one of the elec¬ 
tion judges, who announces the name of the voter; the fact 
of his voting is recorded, and the ballot placed in the 
box. 

At a certain hour prescribed by law the polls are closed, 

^ Most states have laws allowing voters to leave work for a certain 
length of time on election day without deduction of wages. A few 
states provide means for taking the votes of those who are neces¬ 
sarily absent on business on election day. Many states provide 
for taking the votes of men serving as soldiers in time of war. 


140 SUFFRAGE AND ELECTIONS 

after which the votes are counted; and when this task is 
complete the returns are announced. Generally the ballots 
must be preserved for several months in order that an op¬ 
portunity may be offered for a recount in case the election 
is contested. Usually the ballots cannot be reopened and 
recounted except by order of a court or of the committee 
on elections of the legislature. 

Legislation Against Fraudulent Voting; Corrupt Practices 
Acts.—For a long time in this country there was little legis¬ 
lation designed to regulate the conduct of elections and to 
protect the exercise of the electoral privilege against fraud. 
The principal evils of the old system were: lack of secrecy 
in voting; the use of separate ballots printed by the candi¬ 
dates or their party organizations; the distribution of these 
ballots before election day; lack of means for identifying 
the voters; bribery, intimidation, treating, and the use 
of other objectionable means for influencing voters; ‘^re¬ 
peating ” ; ballot box “ stuffing ” ; and the like. To elim¬ 
inate or diminish these and other evils, practically all the 
states have passed laws of one kind or another. They are 
generally known as corrupt practices acts and are, for the 
most part, based on the English law of 1883. Much of this 
legislation is detailed and complex, and some of it is still in 
the experimental stage. 

The corrupt use of money in elections has come to be 
one of the greatest political evils of our time. The buying 
of votes is a very common practice in some communities, 
and unfortunately is not as strongly condemned by pub¬ 
lic opinion as it should be. Some 50 per cent of the 
voters in one county of Ohio were disfranchised by the court 
for selling their votes in the general election of 1910. The 
growth of great corporations, many of which desire legisla¬ 
tion in their interest, or immunity from unfavorable laws, 


LEGISLATION AGAINST FRAUDULENT VOTING 141 

has introduced a more or less corrupting element in our 
political life. Some states have enacted laws forbidding 
corporations, under heavy penalties, from making contribu¬ 
tions to the campaign funds of poHtical parties. Others 
have forbidden the practice of political committees of as¬ 
sessing office holders for campaign purposes. Some have 
gone to the length of forbidding ^Hreating^’ and other simi¬ 
lar means of influencing voters. Some Hmit the amount of 
money that may be spent by a candidate or his friends in the 
conduct of his campaign, usually specifying the purposes for 
which expenditures may be made. Thus the Connecticut 
and New York laws allow expenditures only for such mat- 
ters as the rent of halls, compensation of speakers and musi¬ 
cians, fireworks, printing, lithographs, advertisements, trav¬ 
eling expenses, postage, telegrams, hiring of carriages to take 
voters to the polls, and the hke. A few, however, prohibit 
the hiring of carriages, and some forbid the giving away of 
liquor at elections. Some states require candidates to make 
sworn itemized statements of the expenditures incurred 
by them on account of the election, and some fix the maxi¬ 
mum amount that may be expended. Thus in New York a 
candidate for governor may expend only $10,000 on account 
of his candidacy; candidates for other state officers are 
permitted to spend $6,000. The need of limitations was 
illustrated by the fact that the Democratic candidate for 
governor of New York in 1906 spent over $256,000 in the 
prosecution of his candidacy, and a candidate for state 
senator spent $30,000 to secure an election.^ A recent 
candidate for the United States senate in a Western state 
admitted that his aggregate expenses were $107,000, and 
another testified that he spent $115,000 in the effort to 
secure an election. 

^Fuller, “Government by the People,” p. 150. 


142 


SUFFRAGE AND ELECTIONS 


State Contributions to Party Campaign Funds .—In the 
belief that the state ought to bear a part of the candidate’s 
expenses, to the end that the poor office seeker may be more 
nearly on an equal footing with the candidate of means, 
Colorado recently passed a law providing that the state 
should contribute to the campaign fund of each political 
party a sum of money equal in amount to twenty-five cents 
for every vote cast by the party for governor at the preced¬ 
ing election. The law allowed the candidates themselves 
to spend their own money to aid in their election, but pro¬ 
hibited other persons or corporations from making contribu¬ 
tions. In short, the expense was to be borne by the state 
and the candidate alone. This Colorado law, however, was 
declared unconstitutional by the state courts. 

Other Restrictions .—In some states also the expenditures 
of party committees are limited, and such committees are 
required to make sworn statements of their expenditures 
and the purposes for which they were made. Several states 
prohibit the payment by other persons of a voter’s poll 
tax where the payment of such a tax is a condition to the 
voting privilege. 

Everywhere there are laws against bribery, intimida¬ 
tion, fraudulent voting, and most of the other election 
offenses. More and more, public sentiment demands that 
elections shall be free from the taint of corruption, to the 
end that the results shall represent the real choice of the 
people and thus popular government made to be what its 
founders intended that it should be. 

References.— ^Beard, American Government and Politics, pp. 453- 
457; also ch. xxiii. Fuller, Government by the People, chs. ii-vi, 
viii-xi. Garner, Introduction to Political Science, ch. xv. Hart, 
Actual Government, ch. iv. 

Documentary and Illustrative Material.—i. Legislative manual or 


REFERENCES 


143 

blue book of the state. 2. The election laws of the state. 3. Copy of 
instructions to voters. 4. Specimen ballots. 

Research Questions 

1. What are the qualifications for voting in your state? 

2. Are women allowed to vote in your state? If so, is the right 
limited to particular elections? 

3. Are there any offices in your state held by women? 

4. How many voters are there in your state? 

5. Is there a registration requirement? 

6. Do you think the right to vote should be restricted to persons 
who are able to read and write? 

7. Give the date on which state elections are held in your state; 
city elections; judicial elections. Why should national, state, and 
city elections be held on different dates? 

8. Name some oflSces in your state now filled by popular election 
which in your opinion should be filled by appointment. 

9. Who are the election officers in your county? 

10. What is the usual location of the polling place in your ward or 
precinct? 

11. Explain the difference between a “party,column” and an 
“office column” ballot. Which type of ballot is used in your state? 
In case the former is used does it contain a party circle and a party 
symbol at the head of each column? 

12. Procure a specimen ballot used at the last election and eX' 
plain how to mark and cast it. 

13. Are voting machines used in your state? If so, where? 

14. Is there a law in your state against the improper use of money 
in elections? • Does it specify the purposes for which campaign ex¬ 
penditures may be made? Are candidates required to make sworn 
statements of their election expenses? Are there any limitations on 
the amount a candidate is allowed to spend? 

15. Do you think corporations should be prohibited from making 
contributions to the campaign funds of political parties? 


CHAPTER VIII 


POLITICAL PARTIES AND NOMINATING METHODS 

Nature and Functions of Political Parties.—Political par¬ 
ties are organized by groups of voters for the purpose of pro¬ 
moting the success of the policies in which they believe, and 
in order to secure the nomination and election of public 
officials who are in sympathy with those policies. Men dif¬ 
fer in their opinions on matters of government as they do on 
matters of religion, and hence they come to constitute well 
differentiated groups. Whenever such a group becomes 
large enough to prosecute a concerted pohcy and organizes 
itself for the purpose of furthering its views in governmental 
matters, it becomes a political party. A political party is, 
therefore, composed of voters who hold substantially the 
same opinions in regard to certain public questions or 
certain principles of government. It is a purely vol-’ 
untary organization, however, and any voter may decline 
to ally himself with any party, or, having done so, may 
change to another party whenever he wishes, or he 
may unite with others of a like mind and form a new 
party. While men can probably further the cause of good 
government best by means of organization and concert of 
action, no citizen should think more of his party than he 
does of his country, and whenever the purposes of a political 
party are prostituted for other ends than the public good 
no voter should feel morally bound to continue his support 
of such a party. 


144 



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VIU 


A National Nominating Convention 











NATURE AND FUNCTIONS OF POLITICAL PARTIES 145 

National Parties .—Under a system of popular government 
where public policies are determined by the people and 
public officials are chosen by popular election, political 
parties are inevitable if not essential. Almost from the 
beginning, therefore, we have had political parties in this 
country, each believing in certain policies and each endeav¬ 
oring to gain control of the government in order to carry 
out those policies. For the promotion of policies that are 
national in character, such as those relating to the tariff, 
the currency, or the foreign policy of the country, national 
parties have been formed with organizations extending 
throughout the entire country. 

Local Parties .—For the most part the organization of 
the national parties extends downward through the states 
and their local subdivisions, and are made use of in local 
as well as in national elections. As the issues which divide 
the people in national elections, however, are not always 
the same as those which divide them in state and local elec¬ 
tions, we sometimes have a realignment of parties in local 
contests, and sometimes new parties of a local character 
are organized. This, in fact, is to be desired for the reason 
that issues of a local character ought not to be determined 
with reference to the views of men on issues of a national 
character. It is wrong, for example, for Democrats and 
Republicans who agree upon the issues involved in a munic¬ 
ipal election to oppose each other in such a contest merely 
because they do not agree on the expediency of a protective 
tariff or of a gold standard in money matters. In purely 
local elections national party lines should cut no figure; 
local issues should be judged wholly on their merits without 
reference to national questions. 

Existing Political Parties in the United States.—At the 
present time there are two great political parties in the 
Govt. U. S.—10 


146 POLITICAL PARTIES AND NOMINATING METHODS 

United States, the Democratic party and the Republican 
party, each with an organization extending to every part 
of the country, and together including the great majority 
of the voters. 

The Democratic Party .—In a general way, we may say 
that the Democratic party is composed of men who believe 
that the sphere of the national government should not be 
extended beyond what a strict interpretation of the Federal 
Constitution warrants; that the rights of the states should 
be interfered with as little as possible; and that the ac¬ 
tivities of government, whether national, state, or local, 
should be kept down to a minimum so that the individual 
shall be allowed the largest measure of freedom consistent 
with the maintenance of order, peace, and security. This 
party has uniformly opposed a protective tariff, ship sub¬ 
sidies, imperialism, and the extension of the powers of the 
national government through ‘‘constructions” of the Con¬ 
stitution. On the money question the party has not always 
been united, though for the most part it has opposed the 
single gold standard and favored a bimetallic standard 
coupled with the free coinage of silver as well as of gold. 

The Republican Party has contended for a liberal inter¬ 
pretation of the Federal Constitution, especially those 
parts relating to the powers of the national government, 
which it desires to see extended; it has shown less sympathy 
than the Democratic party for the rights of the states; it 
is the champion of the protective tariff, of internal improve¬ 
ments under federal auspices, of colonial expansion, liberal 
pensions for soldiers and sailors of the Civil War, of sub¬ 
ventions for the merchant marine, negro suffrage, and of 
a gold monetary standard. From the accession of the 
Republican party to power in i860 with the election of 
Abraham Lincoln as President, down to 1913, it controlled 


EXISTING POLITICAL PARTIES 


147 

the executive department of the national government con¬ 
tinually with the exception of eight years when Grover 
Cleveland was President (1885-1889; 1893-1897). Dur¬ 
ing most of that period it controlled Congress, though sev¬ 
eral times the Democratic party had a majority in one or 
the other house and occasionally for a short time it was in 
the majority in both houses. 

Some state governments are controlled by one party, 
and some by the other. Since 1875 the Democratic party 
has usually been in power in nearly all of the Southern 
states, and the Republican party in more than 'half of the 
other states; but in some states control often shifts from 
one party to the other. 

The Progressive Party was organized in 1912 mainly but 
not wholly by those members of the Republican party who 
felt that this party was not sufficiently progressive in its 
policies and that it attached rather too much importance to 
the interests of special classes and too little to the rights of 
the masses of the people. First of all, it advocates a larger 
social and industrial justice for men and women, especially 
the working classes. It favors national jurisdiction over 
such matters as cannot be effectively regulated by the 
states; public ownership of forests, coal and oil lands, and 
water power; and suffrage for women. At the election of 
1912 the new party polled a total vote of 4,100,000 for its 
presidential candidate, but in later years there was a large 
falling off in its vote. 

The Prohibition Party .—Besides the Democratic, Re¬ 
publican, and Progressive parties, there are several minor 
parties with organizations of a national character. The 
oldest of these is the Prohibition party, organized in 1872 
to promote the movement for the abolition of the manu¬ 
facture and sale of intoxicating liquors. Since its organi- 


148 POLITICAL PARTIES AND NOMINATING METHODS 

zation, it has regularly nominated candidates for President 
and Vice President of the United States, and in many states 
it nominates candidates for state offices and for the legisla¬ 
ture. Not infrequently it has succeeded in*electing some 
of its candidates to the legislature, and it has been instru¬ 
mental in securing the enactment of local option laws and 
even state-wide prohibition laws in several states. 

The Socialist Labor Party, organized in 1892, advocates 
government ownership of land, railways, telegraph lines, 
and other means of production and transportation. The 
Socialist Party, organized in 1904 mainly from the Social¬ 
ist Labor party, advocates essentially the same views. At 
the election of 1912 it cast about 900,000 votes throughout 
the country, and in 1916 about 600,000. 

Party Organization.—Political parties, like other asso¬ 
ciations which have ends to promote, must have organiza¬ 
tion. For the conduct of national campaigns, each of the 
parties has a national organization; for state purposes there 
is a state organization; and usually there are a county and 
a district organization. The characteristic feature of party 
organization is the use which is made of committees. The 
organization everywhere consists of a committee, at the head 
of which is a chairman, and which has also a treasurer and 
usually a secretary. The chairman is usually an experienced* 
poHtical leader; sometimes he is at the same time an office 
holder. Thus the chairman of the national committee is 
frequently a United States senator; the chairman of the 
Republican state committee in New York several years 
ago was the governor of the state. 

The Convention .—The policies of the party are formulated 
by a convention which is a representative gathering com¬ 
posed of delegates chosen directly by the members of the 
party or by local conventions. The national convention, 


PARTY ORGANIZATION Xig 

fo be described hereafter, is composed of a certain number 
of delegates from each state, while the state convention is 
composed of delegates chosen from the counties, the legis¬ 
lative districts, or other units. The county convention is 
composed of delegates from the districts into which the 
county is divided, and the city convention of delegates 
from the wards or precincts. This is the usual rule, but 
here and there are variations. The state convention formu¬ 
lates the principles of the party and sets them forth in a 
document called the platform; it nominates the candidates 
of the party, except in those states where they are nomi¬ 
nated by a direct primary; and it appoints the central 
committee, selects the chairman, and transacts such other 
business as may come before it. It is, in short, the supreme 
sovereign authority of the party in the state. It is usually 
a large body, sometimes comprising i,ooo or more dele¬ 
gates, and in Massachusetts as many as 2,000. 

Committees .—The committee is a select body for carrying 
on the campaign and attending to such other matters as 
may be intrusted to it. The national committee is com¬ 
posed of one member from each state; the state committee, 
usually of delegates from the counties or legislative dis¬ 
tricts. The New York Republican state committee is 
composed of one delegate from each congressional district 
in the state, while the Democratic committee consists of 
one delegate from each of the fifty-one senatorial districts 
of the state. Similarly, the county committee is made up 
of delegates representing the political units into which the 
county is divided, towns, precincts, etc. Sometimes the 
county committee is a very large and representative 
body. The Republican committee of New York county is 
made up of about 700 delegates, each delegate represent¬ 
ing 200 Republican voters in the county. 


150 POLITICAL PARTIES AND NOMINATING METHODS 

In the cities, there is not only the general city committee, 
but also a local committee for each ward or precinct. These 
ward committees come into close relation with the voters, 
and the success of the party depends to a large degree upon 
their activity. 

Primaries.—As soon as political parties were definitely 
formed it became necessary to devise some sort of machinery 
for selecting the candidates which the party desired to put 
forward. In the beginning candidates for local offices were 
presented to the voters upon their own announcement or 
by a caucus (an informal meeting of the leading men of 
the party) or a primary (a mass meeting of the members 
of the party). In time the caucus, except as a means of 
selecting candidates for offices in legislative bodies, fell 
into disrepute, and the method of nomination by a convem 
tion composed of delegates representing the party became 
the accepted method. The delegates are chosen by the 
members of the party at an election called a primary, so 
called because it is the first or original meeting of the party 
voters in the process of choosing public officials. 

Former Lack of State Control .—The calling of the primary, 
the manner of conducting it, and the fixing of the party 
test, that is, the determination of who may take part in 
the primary, are matters which for a long time were regu¬ 
lated by each party according to its own notions, without 
interference upon the part of the state. In short, it was 
assumed that the state had no interest in the manner in 
which political parties nominated their candidates, and it 
therefore kept its hands off. The control of the primaries, 
particularly in the more populous centers, fell into the 
hands of a small number of political leaders, or ‘'bosses,’^ 
who virtually dictated the nominations. Sometimes the 
primaries were held at times or places unknown to the bulk 


PRIMARIES 


151 

of the members of the party, or at inaccessible places, or in 
rooms inadequate to accommodate the mass of the voters. 
They were sometimes packed with henchmen of certain 
candidates; sometimes large numbers of the voters were 
kept away by “sluggers” or were intimidated by domineer¬ 
ing leaders; sometimes the qualifications for participating in 
the primary were fixed in such a manner as to exclude the 
great mass of the voters. Men of other parties were 
sometimes brought in to aid in effecting the nomination 
of particular candidates, ballot boxes were “stuffed” or 
other frauds committed, and often the votes were fraudu¬ 
lently counted. In short, the abuses became so intolerable 
as to create a widespread demand for the regulation of 
primaries by law so that the results might more truly rep¬ 
resent the real opinions of the members of the party. 

State Regulation of Primaries. —Accordingly, one state 
after another began to pass laws regulating the holding of 
primaries, on the ground that the state was as much in¬ 
terested in the nomination of candidates as it was in the 
election of those nominated, for it was obvious that unless 
nominations were fairly made and unless the candidates 
selected really represented the free choice of the people, 
popular government would be at an end, since in many 
communities a nomination was equivalent to an election. 
At first, the laws enacted by the states for the regulation 
of primary elections were simple, and were designed to 
prevent only a few of the worst abuses that had grown 
up. They usually applied only to the large cities, and in 
many cases they were optional in character, that is, they 
applied only to such communities as chose to conduct their 
primaries in accordance with the laws thus passed. Be¬ 
ginning about 1890, however, the legislatures here and 
there began to enact state-wide primary laws which were 


152 POLITICAL PARTIES AND NOMINATING METHODS 

mandatory upon all localities and all parties, and applied 
to nominations for the great bulk of the offices filled by 
popular election. 

Existing Primary Laws.—^At present nearly every state 
has a law regulating in some way the holding of primary 
elections. In general, these laws apply to every organized 
poHtical party that cast at least a certain number of votes 
at the preceding election; and they provide that the pri¬ 
maries of all such parties shall be held on the same day (in 
some states at the same poUing places, and by the same 
officials that hold the regular elections), and in accordance 
with the rules and safeguards governing the regular elec¬ 
tions. They fix the date on which the primaries shall be 
held and require that due notice shall be given thereof; 
they prescribe the manner of nominating delegates (and 
such candidates for public office as are chosen directly by 
the primaries); they provide for the use of official ballots 
printed at pubhc expense; they contain provisions in re¬ 
gard to the organization and powers of the party commit¬ 
tees, and in general they regulate everything relating to the 
conduct of the primaries that would be a subject of regu¬ 
lation if they were regular elections. 

The Party Test .—One of the most difficult problems in 
the enactment of legislation concerning the primary elec¬ 
tion is how to prescribe fairly the qualifications that must 
be possessed by those who shall be allowed to participate 
in the primary. It is often embarrassing and disagreeable 
for a voter when he appears at the polls to cast his vote to 
be compelled to reveal his party affiliation, yet unless he is 
required to do so, the adherents of one party might easily 
participate in the primary of another with a view to bringing 
about the nomination of its weakest candidates. Thus in 
a Western city some years ago where the primary law did 


EXISTING PRIMARY LAWS 


153 

not require a declaration of party affiliation, a large number 
of the members of one party entered the primary of the 
opposite party and brought about the nomination of their 
weakest candidate for mayor, and thus at the regular elec¬ 
tion the party to which the invaders ” belonged was 
easily able to defeat him with its own candidate. An 

open ” primary is open to any and all voters. Most 
primary laws, however, insist upon a statement by the 
voter of his party affiliation as a condition to participation 
in the primary, which is therefore called a ‘‘ closed ” 
primary. Usually the test of membership is that the voter 
must have affiliated with the party at the last election, and 
sometimes he must pledge himself to support at the coming 
election the candidates nominated at the primary of the 
party in which he participates. 

As a closed primary is an election by the members of a 
political party, independents, or those who are not adherents 
of any party, are not allowed to participate. This discour¬ 
ages reform movements by independent voters, but there 
seems to be no way to remedy the matter. Sometimes an 
exception is made in the primaries for the nomination of 
candidates for city offices, on the ground that party lines 
should not be strictly drawn in local contests and-that inde¬ 
pendent movements should be encouraged. 

Nominations by Conventions.—Before the introduction 
of the method of nominating candidates by the direct 
primary, to be described hereafter, the universal method 
of nomination was by convention, and this is still the pre¬ 
vailing method in many states. 

Preliminary Organization of a Convention .—The conven¬ 
tion, as previously stated, is composed of delegates chosen 
at a primary election. The date and place of holding the 
convention are announced by the party committee some 


154 POLITICAL PARTIES AND NOMINATING METHODS 

weeks in advance. It is called to order by the chairman of 
the committee, after which a temporary chairman of the 
convention is elected, and not infrequently a spirited contest 
takes place over the election, especially when there is likely 
to be a struggle for the nomination of the principal officers 
which the convention has been called to nominate. The 
temporary chairman, upon taking the chair, usually de¬ 
livers an address in which he extols the party for its achieve¬ 
ments in the past, after which usually four committees 
are appointed: one on organization, one on rules, one on 
resolutions, and one on credentials. 

Convention Committees .—Frequently rival delegations ap¬ 
pear from some county or district, and the convention must 
decide which one is entitled to seats. Questions of this 
kind are referred to the committee on credentials, which, 
after hearing both sides, reports to the convention recom¬ 
mending which delegation shall be seated, and the recom¬ 
mendation of the committee usually, though not always, 
is approved. Sometimes, however, both contesting dele¬ 
gations are seated, each delegate being allowed half a vote. 

The committee on rules frames the rules of procedure 
by which the business of the convention is to be transacted; 
its report is usually adopted without alteration. 

The committee on permanent organization proposes the 
names of candidates for permanent chairman, secretary, 
and such other officers of the convention as may be needed. 
The officers suggested by this committee are usually elected, 
though sometimes the convention elects a different ticket. 

The chairman of the committee on resolutions presents 
a draft of the platform, which is adopted by the convention, 
usually, though not always, without change. 

The Nominations .—The convention is now ready for the 
chief business for which it was called, namely, the nomina- 


NOMINATIONS BY CONVENTIONS 


155 

tion of candidates which the party desires to put forward 
for the offices to be filled at the coming election. The names 
of the candidates are usually presented to the convention 
in highly eulogistic speeches, and the nominations are gener¬ 
ally seconded by one or more delegates. The balloting then 
proceeds until the nominations are all made. Sometimes 
where more than two candidates are placed in nomination 
no one of them is able to secure a majority, and a ‘deadlock ” 
ensues, lasting maybe for days or even weeks, and ter¬ 
minated by the nomination of a ‘^dark horse.” 

Objections to the Convention Method .—When deadlocks 
occur, the “dark horse” chosen is likely to be an inferior 
candidate. Another objection to the method of nomination 
by convention is that the nominations are frequently deter¬ 
mined by a small number of leaders or “bosses” who control 
the convention, and thus the nominations do not represent 
the choice of the party. How a convention may be thus 
controlled by a few politicians is thus stated by a careful 
writer who is fully conversant with party methods: ^ 

“The program of the convention, in practice, is almost always de¬ 
cided upon down to the minutest detail, before the convention meets. 
The party leader, or ‘ boss,’ and his lieutenants discuss the relative 
claims of candidates and decide who shall be nominated. The party 
platform is written and submitted to the ‘boss’ for his approval. The 
officers of the convention are agreed upon and their speeches revised. 
All this is outside the law, which ignores the existence of the party 
leader and assumes that the delegates are free to exercise their own 
judgment. The real interest in the convention is usually centered 
in the secret conferences of the leaders which precede it and in which 
the contests over the nominations are fought out, sometimes with 
much stubbornness. The ‘slate’ is finally made up by agreem.ent 
between leaders who control a majority of the delegates in the con¬ 
vention. The leaders of the minority may either surrender or they 

^ Fuller, “Government by the People,” pp. 61-63. 


156 POLITICAL PARTIES AND NOMINATING METHODS 

may register their protest by presenting the names of other candidates 
in the convention with the certainty of defeat, for it is rare in state 
conventions that there is so equal a division of strength as to leave 
the result in doubt. 

“While the leaders are settling what the convention is to do, the 
delegates are left to their own devices, ignorant of what is going on 
in the ‘headquarters’ where the leaders are assembled. They are 
not consulted and their advice is not asked. It often happens that 
they do not know whom they are to nominate until they hear for the 
first time in the convention hall the names of the candidates agreed 
upon by the leaders. Although the law gives them the right to bring 
forward the names of other candidates, they seldom exercise it, and 
the delegate bold enough to disobey orders is regarded with disap¬ 
proval.” 

Nomination by the People: the Direct Primary.—About 
1889, because of growing dissatisfaction with the convention 
system, some of the states began to experiment with the 
method of popular nomination, that is, direct nomination 
by the primary instead of by convention. Instead of calling 
on the voters to choose delegates to a convention to which 
the task of nomination was intrusted, they were now called 
upon to vote directly for the candidates themselves. It 
was said that if the voters were competent to choose dele¬ 
gates to a convention they were equally competent to 
select the candidates themselves. The movement for the 
direct primary, as it was called, spread rapidly particu¬ 
larly in the South and West. Thus the convention has 
been done away with in a large number of states except 
where it is still retained to frame platforms, appoint the 
central committee, and select delegates to the national 
convention, and in some states it has been abolished even 
for these purposes, other means having been provided for 
taking care of these matters. 

Objections .—The direct primary has been criticized be¬ 
cause under it candidates for state offices need to canvass 


NOMINATIONS BY CONVENTIONS 


157 

the entire state in order to become acquainted with the 
voters—a task which requires much time and is very ex¬ 
pensive. Such a system, it is argued, gives the candidate 
of leisure and wealth a decided advantage over the poor 
man who cannot afford the large expense involved. 

The direct primary method, however, has given general 
satisfaction where it has been adopted. 

Nomination by Petition.—While most candidates for pub¬ 
lic office are nominated by the recognized political par¬ 
ties, the laws of many states allow candidates to be nom¬ 
inated also by petition of independent voters. The pro¬ 
cedure of nomination by petition is for the candidate or his 
friends to prepare a nomination paper or petition contain¬ 
ing the title of the office to be filled, together with the name 
and residence of the candidate, get a certain number of 
voters to sign it, and then file it with the proper election 
officer. The number of signatures necessary to nominate 
varies according to the nature of the office to be filled and 
the population of the district or territory over which the 
jurisdiction of the office extends. Thus in New York a 
petition for the nomination of a candidate for a state office 
must contain the signatures of at least 12,000 legal voters 
(including at least 50 from each county), while in Massa¬ 
chusetts 1,000 is sufficient. For the nomination of can¬ 
didates for local offices the number of petitioners required 
is smaller. Thus in New York candidates for the legis¬ 
lature may be nominated by 500 voters; in Massachusetts 
candidates for local offices may be nominated by petitions 
signed by* one per cent of the number of voters. 

References.— Beard, American Government and Politics, chs. vii, 
XXX. Bryce, The American Commonwealth (abridged edition), 
ch. xlv. Fuller, Government by the People, chs. iv, v, xi. Hart, 
Actual Government, ch. v. Merriam, Primary Elections, chs. i, v. 


158 POLITICAL PARTIES AND NOMINATING METHODS 

Documentary and Illustrative Material.—i. Legislative manual or 
blue book of the state. 2. Copy of the primary election law of 
the state. 3. Democratic and Republican campaign textbooks. 

4. Copies of party platforms. 5. Specimen ballots. 6. Copies of dele¬ 
gates’ credentials, nomination certificates, petitions, etc. 

Research Questions 

1. Do you- consider political parties essential under a system of 
oopular government? Would it be better if there were in each state 
of the Union at least two strong political parties instead of one, as is 
virtually the case in some of the Southern states as well as in some of 
the North? 

2. Do you think every voter ought to join some political party and 
support its candidates and policies? Suppose he does not approve 
the candidates which it has nominated and the policies which it has 
adopted, what should he do? Ought independent voting to be en¬ 
couraged? If so, why? 

3. How many votes were cast by the Democratic party in your 
state for governor at the last election? How many by the Republican 
party? 

4. How is the state central committee of each party constituted in 
your state? Who are the members from your county or district? 

5. At what places were the last state conventions of the Demo¬ 
cratic and Republican parties held in your state? How many dele¬ 
gates were there in each? 

6. How are municipal officers nominated in your state? 

7. Is there a primary law in your state? If so, what are its provi¬ 
sions? 

8. Has the method of nomination by direct primary been intro¬ 
duced into your state? If so, to what offices does it apply? How are 
members of party committees selected? What test does the primary 
law of your state provide for participation in the primary? Does it 
permit the people to express their choice for United States senator? 
In what order are candidates arranged on the primary ballot? Did 
a large proportion of the voters take part in the last primary election? 
What is the date fixed for holding the primary? 

9. Are any officers nominated in your state by conventions? 

10. If candidates are nominated by a direct primary in your state, 
what is the method devised for preparing the platform of the party? 


CHAPTER IX 


THE ESTABLISHMENT OF THE UNION 

The Articles of Confederation.—The Continental Con¬ 
gress, which managed the common affairs of the Union 
during the early stages of the Revolution, was a body whose 
authority was not defined by any constitution or funda¬ 
mental law. It assumed large powers in the belief that the 
people, relying upon its patriotism and wisdom, would 
acquiesce in its acts. As yet, however, the states were 
not closely united, and each was free to go its own way. 
As time passed, the advantages of union became more 
manifest, and the states began to recognize the desirability 
of creating a common government with larger powers and 
with definite authority. After a debate lasting off and on 
for more than a year. Congress adopted in November, 1777, 
an instrument called the Articles of Confederation, which 
was to go into effect when ratified by all the states. 

Ratification of the Articles .—During the years 1778 and 
1779, all the states except Maryland ratified the Articles. 
Maryland withheld her approval because she doubted the 
advantage of a union among states, some of which held 
vast territory in the West while some did not. The states 
claiming lands northwest of the Ohio River were Virginia, 
New York, Massachusetts, and Connecticut. As these 
lands had been wrested from Great Britain while that 
power was weakened by her war with all the states, Mary- 


i6o THE ESTABLISHMENT OF THE UNION 

land insisted, as a condition to her adhesion, that the states 
claiming these lands should surrender them to the nation 
for the benefit of all the states. This argument appealed 
to the sense of patriotism and justice of the states claiming 
this northwestern territory, and in the course of the next 
few years they ceded most of their lands to the United 
States for the common benefit. When it became certain 
that this would be done, Maryland ratified the Articles, and 
the Confederation of the states was completed. 

Government under the Articles.—The Confederation 
thus formed was styled a “firm league of friendship ” under 
the name of “the United States of America,” and its de¬ 
clared purpose was to provide for the common defense of 
the states, the security of their liberties, and their mutual 
and general welfare. To secure these ends the states bound 
themselves to assist each other against all attacks upon 
either or all of them, upon any pretense whatever. 

For the management of certain affairs common to the 
states composing the Confederation, the Articles provided 
for an annual Congress of delegates to be chosen by the 
states, no state to be represented by less than two members 
or more than seven. Unlike the Continental Congress, 
the Congress of the Confederation was given express power 
to deal with certain affairs, and therefore it did not have 
to assume the powers it exercised. Among these were the 
power to declare war and make peace; to send and receive 
diplomatic representatives; to enter into treaties; to make 
rules regarding captures on the high seas; to grant letters 
of marque and reprisal; to settle disputes between the 
states, upon petition of the disputants; to regulate the 
alloy and value of coin, whether struck under the authority 
of Congress or by the states; to fix the standard of weights 
and measures throughout the United States; to regulate 


GOVERNMENT UNDER THE ARTICLES i6i 

trade and intercourse with the Indians; to make rules for 
the government of the land and naval forces; to estab¬ 
lish post offices; and a few other powers of a like char¬ 
acter. 

No provision, however, was made for an executive de¬ 
partment or for a national judiciary, with the single excep¬ 
tion of a court of appeal in cases involving captures on the 
high seas in time of war. 

Prohibitions on the States—In the interest of the general 
peace and security, the states were forbidden, except with 
the consent of Congress, to send diplomatic representatives 
to foreign countries, or enter into treaties or alliances, or 
levy any duties on articles imported from abroad, if such 
duties should conflict with the provisions of foreign treaties; 
or keep ships of war in times of peace; or engage in war; 
or grant letters of marque and reprisal. 

Defects of the Articles of Confederation.—Although the 
Articles of Confederation proved of great value in securing 
concert of action among the states in certain matters, the 
weaknesses of the union which they created and the defects 
of the governmental machinery provided by them soon 
proved serious. 

The States Retained too Much Power /—The union turned 
out to be the loosest sort of a league, in which the states 
for the most part did as they pleased. Each retained its 
own sovereignty and could not be compelled to perform 
its obligations as a member of the Confederation. Some 
of them deliberately violated the treaty of peace with 
Great Britain, and the Congress was unable to prevent 
such infractions. Congress being thus powerless to carry 
out the stipulations of the treaty. Great Britain refused to 
perform her obligations thereunder. Since no executive 
department and no courts were crea.ted enforce and ap- 
Govt. U. S.— If 


162 THE ESTABLISHMENT OF THE UNION 

ply the laws passed by Congress, the nation had to depend 
upon the states to carry out its will. 

The Congress was not well Organized .—In the organiza¬ 
tion and procedure of Congress there were serious defects. 
No member could serve for more than three years in six, 
and each state paid its own members and might recall 
them at pleasure. Thus the dependence of the represen¬ 
tative upon his state was emphasized and his character 
as a national representative minimized. Worse than this 
was the provision that allowed each state, regardless of 
its population and size, but one vote in Congress. Thus 
Georgia with a population of only a few thousand souls 
enjoyed the same power in all matters of national legislation 
that Virginia did, although the population of Virginia was 
some sixteen times as great. Still another serious weakness 
was the rule which required the assent of nine states to 
pass any important bill, such as those for borrowing or 
appropriating money, issuing bills of credit, declaring war, 
entering into treaties, coining money, building war ships, 
raising military forces, selecting commanders, and the like. 
As it was frequently impossible to secure the concur¬ 
rence of so large a proportion of the states, needed legis¬ 
lation was often prevented by the opposition of a few mem¬ 
bers or by the lack of a quorum. Thus in April, 1783, there 
were present only twenty-five members from eleven states, 
nine being represented by only two members each. It 
would have been possible, therefore, for three members to 
defeat any important measure. ^ 

Congress had No Power of Taxation .—Not only were the 
defects in the organization and procedure of Congress of a 
serious character, but the powers conferred upon it by 
the Articles of Confederation were so meager that its au- 
^ Andrews, “Manual of the Constitution,” p. 38. 


DEFECTS OF THE ARTICLES 163 

thority was little more than a shadow and carried little 
weight. One of the essential powers of government is that 
of taxation, yet the Congress had no authority to impose 
a dollar of taxes on any individual in the land. Money 
was needed to pay the soldiers who were fighting the battles 
of the country, to pay the salaries and expenses of diplo¬ 
matic representatives who had been sent to Europe to 
negotiate treaties and solicit the aid of foreign friends, to 
pay interest on loans incurred in France and Holland, to 
defray the cost of building war ships and equipping the 
army, and to meet the various other expenses which every 
government must needs incur, yet the government of the 
Confederation was powerless to raise the necessary funds 
by taxation. In the absence of all power to levy and collect 
taxes. Congress adopted the policy of apportioning the 
national expenses among the states. But no state could be 
compelled to contribute a dollar toward its quota; some 
of them in fact contributed little, and most of those which 
did respond to the appeal of Congress did so grudgingly 
and tardily. Of the $15,000,000 apportioned among the 
states between 1781 and 1786 less than $2,000,000 was 
actually paid in. Often there was not a dollar in the treasury 
of the Confederation to pay the obligations of the govern¬ 
ment. 

Two attempts were made to amend the Articles of Con¬ 
federation so as to give Congress power to levy a five per 
cent tariff duty on imported goods, but since it required the 
assent of each of the thirteen states to adopt an amendment, 
the scheme fell through, in both cases on account of the 
opposition of a single state. 

-Congress had No Power to Regulate Commerce, either with 
foreign countries or among the states themselves. This 
was a serious defect. Each state had its own tariff sys- 


164 THE ESTABLISHMENT OF THE UNION 

tern and its own customhouses, and collected its own 
duties on goods brought into its ports from abroad. As 
each state was anxious to exploit this source of revenue for 
itself, it naturally framed its tariff regulations and tonnage 
laws in such a way as to attract foreign commerce to its 
own ports. And^o it was with regard to commerce among 
the states themselves. Each framed its trade regulations 
with its neighbors according to its own selfish interests and 
without regard to the general good. The result was con¬ 
tinual jealousies, dissensions, and sometimes reprisals and 
retaliations. New York levied an import duty on certain 
articles brought in from its less fortunate neighbors, Con¬ 
necticut and New Jersey, and each in turn retaliated as 
best it could. For purposes of foreign and interstate com¬ 
merce, each state was a nation itself, and the Confederation 
was a nonentity. 

The Annapolis Conve|ition.—The worst evils described 
above reached a climax in 1786, and the poHtical leaders of 
America such as Hamilton and Washington were convinced 
that the government of the Confederation must either be 
revised or superseded entirely by a new system. In Sep¬ 
tember, 1786, there assembled at Annapolis, Maryland, a 
convention of delegates from five states, namely. New York, 
New Jersey, Pennsylvania, Delaware, and Virginia, called 
at the instance of the legislature of Virginia to take into 
consideration the subject of uniform trade regulation among 
the states, the lack of which had come to be one of the chief 
evils of the Confederation. So few states were represented 
that the convention decided not to enter upon the business 
for which it had been called, but instead determined to put 
forth an effort to bring about the assembling of a convention 
representing all the states and empowered to take into 
consideration the question of a general revision of the Arti- 


THE ANNAPOLIS CONVENTION 165 

cles of Confederation so as to render them more adequate 
to the needs of the nation. Accordingly, a resolution pre¬ 
pared by Alexander Hamilton, one of the delegates from 
New York, was adopted, calling on the states to appoint 
delegates to a convention to be held at Philadelphia on the 
second Monday in May next, for the purpose of revising 
the Articles of Confederation. 

The Constitutional Convention of 1787; Personnel.—In 
pursuance of this resolution, all the states except Rhode 
Island promptly appointed delegates, the failure of Rhode 
Island being due to her satisfaction with the Confederation, 
under which she enjoyed larger commercial advantages 
than she could hope to enjoy if the Articles were amended 
so as to take away from the states their control over com¬ 
merce. Altogether fifty-five members sat in the convention 
at one time or another, though only thirty-nine signed the 
Constitution. From Virginia came George Washington, 
Edmund Randolph, and James Madison; from Massa¬ 
chusetts, Rufus King and Elbridge Gerry; from Connecti¬ 
cut, William Samuel Johnson and Roger Sherman; from 
New Hampshire, John Langdon; from New York, Alex¬ 
ander Hamilton; from New Jersey, William Livingston and 
William Paterson; from Pennsylvania, Benjamin Frank¬ 
lin, Robert and Gouverneur Morris, Jared Ingersoll, and 
James Wilson; from Delaware, John Dickinson; and from 
South Carolina, John Rutledge, Charles Pinckney, and 
Charles Cotesworth Pinckney. Some of the delegates, as 
Benjamin Franklin, had been members of the Albany Con¬ 
gress as far back as 1754; some had been members of the 
Stamp Act Congress of 1765; most of them had served in the 
Continental or Confederation Congresses; and a number 
of them were signers of the Declaration of Independence. 
A great many of them had served in the legislatures of their 


166 THE ESTABLISHMENT OF THE UNION 

states, and of the whole number there was not one who had 
not had some legislative experience. 

The Work of the Convention of 1787.—^When the con¬ 
vention had been duly organized, “plans” of a proposed 
constitution were submitted by the delegations of several 
states, and these became the bases of the discussion which 
followed. 

The Virginia Plan. —The plan submitted by the Virginia 
delegation represented the views of delegates from the 
larger and more populous states, and the Constitution as 
finally adopted embodied more largely the features of this 
plan than those of any other. The most important resolu¬ 
tion of this plan was that a national government ought to be 
established consisting of a supreme legislative, judiciary, 
and executive. This resolution, adopted in committee of 
the whole, went directly to the root of the chief evil of 
the existing system, which contained no provision for an 
executive or a judicial department. It recognized also what 
has come to be a fundamental doctrine of American poli¬ 
tical science, namely, the separation of the legislative, exe¬ 
cutive, and judicial functions. 

The New Jersey Plan. —The views of delegates from the 
small states were embodied in the New Jersey plan, which 
was laid before the convention by William Paterson. In 
general, the New Jersey plan provided for the retention of 
the principal features of the existing system, except that 
it proposed to enlarge the powers of Congress so as to make 
its authority more effective. This was all, in the judgment 
of the small states, that was necessary to remove the exist¬ 
ing evils. 

The Problem of Representation in Congress. —The conven¬ 
tion without much discussion decided that Congress should 
consist of two chambers or houses instead of one as was 


WORK OF THE CONVENTION OF 1787 167 

the case under the Articles of Confederation. This done, 
the next problem was to determine the basis of representa¬ 
tion in each. This proved to be one of the most difficult 
tasks of the convention. The delegates from the large 
states insisted that representation in both houses should be 
based on population, so that a state such as Virginia with 
sixteen times the population of Georgia should have sixteen 
times as many representatives in Congress. But to this 
system of proportional representation, the delegates from 
the small states objected. They maintained that the im¬ 
portance of a state was not to be measured by its popula¬ 
tion; that the states were sovereign political entities, and 
when it came to participation in the government of the na¬ 
tion they were all'equal, large and small alike. There was 
no more reason, said a delegate from one of the small states, 
why a large state should have more representation in Con¬ 
gress than that a large man should have more votes than 
a small man. For a time the differences seemed irrecon¬ 
cilable, and more than once it looked as if the convention 
would be disrupted on this question. The spirit of com¬ 
promise triumphed, however, and it was finally agreed that 
the states should be represented equally in the senate but 
in proportion to their population in the house of repre¬ 
sentatives. As a result of this rule, Nevada to-day with 
a population of less than 100,000 sends the same number of 
senators to Washington as does New York with a popula¬ 
tion of some 10,000,000 souls. New York, on the other 
hand, sends forty-three representatives to Congress while 
Nevada sends but one. This was the first great compromise 
of the Constitution. 

The Question of Counting the Slaves .—The next problem, 
which was almost equally difficult and which likewise had 
to be settled by compromise, was the question of whether 


168 THE ESTABLISHMENT OF THE UNION 

the slaves should be counted in determining the population 
of the state for purposes of representation. The delegates 
from the Southern states argued that slaves were an im¬ 
portant factor in contributing to the wealth and power of 
the country and should, therefore, be counted for purposes 
of representation. To this argument the delegates from 
the Northern states, where the slave population was in¬ 
considerable, objected on the ground that the slaves at 
law were treated merely as property and were not allowed 
to vote in the states where they resided. The discussion 
over this question was long and at times exciting, but finally 
a compromise was reached by which it was agreed that in 
determining the population for purposes of representation, 
all the white population but only three fifths of the slaves 
should be counted. At the same time it was decided that 
direct taxes among the states should be apportioned on the 
same basis. This compromise was favorable to the slave 
states in that it gave them an increased number of rep¬ 
resentatives, but it was unfavorable in that it increased 
their proportion of direct taxes. This is known as the 
three-fifths compromise. 

Federal Regulation of Commerce .—Another question which 
became the subject of heated discussion related to the na¬ 
tional control of commerce. The Northern states wished 
Congress to be given the power to regulate commerce, 
but the Southern states, which at the time furnished the 
principal articles of export, feared that the power might be 
employed in such a manner as to injure their commerce, 
and might also be used to prohibit the slave trade and thus 
prevent the Southern planters from stocking their farms 
with laborers. They accordingly insisted that Congress 
should be expressly prohibited from interfering with the im¬ 
portation of slaves, and that it should be allowed to pass nav- 


WORK OF THE CONVENTION OF 1787 169 

igation acts only by a two-thirds majority of both houses. 
The whole matter was finally settled by a compromise 
which forbade Congress to interfere with the importation 
of slaves before the year 1808, but which allowed it to pass 
laws by a majority vote for the regulation of commerce. 
This was the last great compromise of the Constitution. 

Other Compromises .—Many other questions were settled 
on the basis of compromise, though none of them occasioned 
so much discussion as the three mentioned above. Some 
have regretted that such compromises as that which allows 
the states equality of representation in the senate, as well as 
the one which allowed representation on the basis of the 
slave population, should have ever found their way into the 
Constitution; but* it is certain that without these com¬ 
promises the Constitution could never have been adopted. 

After the settlement of the questions mentioned above, 
the work of framing the Constitution proceeded with less 
difficulty. Finally, on September 17, the completed draft 
was signed by thirty-nine delegates, after which the con¬ 
vention adjourned. A few were absent and did not sign 
for that reason; others, such as Gerry of Massachusetts and 
Mason of Virginia, disapproved of the Constitution and re¬ 
fused to attach their signatures. 

Ratification of the Constitution.—Before adjourning, the 
convention resolved to send the draft of the Constitution 
to Congress with the request that it should transmit the 
instrument to the legislatures of the several states and that 
these in turn should submit it to conventions for ratifica¬ 
tion. It was agreed, moreover, that when it should have 
been ratified by conventions in nine states it should go into 
effect between the states so ratifying. 

Opposition to the Constitution .—As soon as the text of 
the Constitution was made known to the people of the 


170 THE ESTABLISHMENT OF THE UNION 

states, a flood of criticism was turned loose on it from al¬ 
most every part of the country. Those who approved the 
Constitution and favored its ratification were called Feder¬ 
alists; those who opposed it were called Anti-Federalists. 
The principal grounds of opposition were that in providing 
for a national government with extensive powers the Con¬ 
stitution had sacrificed, to a large degree, the rights of the 
states; that such a government would prove dangerous to 
the liberties of the people; that the President for which 
the Constitution provided might become a dictator and a 
tyrant; that the senate would be an oligarchy; and that the 
Federal Constitution, unlike those of the states, contained 
no bill of rights for the protection of the people against gov¬ 
ernmental encroachment upon their inherent rights such as 
freedom of speech, freedom of press, freedom of religious 
worship, freedom of assembly, and the like. The last men¬ 
tioned objection was removed by the assurance on the part 
of the friends of the Constitution that in the event of rati¬ 
fication they would endeavor to have the Constitution 
amended at the earliest opportunity in such a way as to 
provide proper safeguards for the security of these rights, 
a promise which was carried out soon after the new govern¬ 
ment went into effect, by the adoption of the first ten 
amendments. 

Ratification by the States .—The first state to ratify the 
Constitution was Delaware, one of the small states whose 
delegates in the Philadelphia convention had been strongly 
opposed to changing the existing system. This state rati¬ 
fied on December 6, 1787, without a dissenting vote. Its 
action was shortly followed by Pennsylvania, New Jersey, 
Georgia, and Connecticut, the last three of which were 
small states whose delegates in the Philadelphia convention 
had also been in the opposition. In Pennsylvania, however, 


RATIFICATION OF THE CONSTITUTION 171 

the Constitution was ratified with less unanimity and only 
after a fierce struggle in which the Anti-Federalists at¬ 
tacked almost every part of it. Massachusetts was the 
next to ratify, although by a narrow majority, many of the 
leading citizens being opposed or indifferent. Maryland 
and South Carolina followed, and finally the favorable 
action of New Hampshire on June 21, 1788, insured its 
success, since nine states had now ratified and the Con¬ 
stitution could be put into effect between the states that 
had so ratified. Four days later, before news of the ratifi¬ 
cation of New Hampshire was received, Virginia fell in 
line and ratified, in spite of the powerful opposition of 
Patrick Henry, Mason, Lee, and others. 

Attention was now turned to New York, where the op¬ 
ponents of the Constitution were believed to be in the 
majority. Geographically, New York was like a wedge 
which divided the Union into two parts, and hence its ad¬ 
hesion was especially desirable. Because of its favorable 
commercial position, the state enjoyed great advantages un¬ 
der the Articles of Confederation, since it could collect and 
turn into its own treasury the duties on all articles coming 
into its ports from abroad—a privilege of which it would 
be deprived under the Constitution. There was good rea¬ 
son, therefore, why it should hesitate to exchange its 
position for one less favorable. When the state conven¬ 
tion assembled to take action on the Constitution, it was 
found that about two thirds of the members were at first 
opposed to ratification. Among the friends of the Consti¬ 
tution, however, was Alexander Hamilton, whose powerful 
argument prevailed, and the Constitution was ratified by 
a majority of three votes. 

Rhode Island, like New York, enjoyed a favorable posi¬ 
tion under the Articles of Confederation, and was not in 


172 THE ESTABLISHMENT OF THE UNION 

sympathy with the Constitution. She refused to ratify 
and remained out of the Union until May, 1790, more than 
a year after the Constitution had gone into effect. North 
Carolina Hkewise refused to ratify until November, 1789. 

The Constitution Coes into Effect .—When the ratification 
of the Constitution had been assured, the old Congress of 
the Confederation enacted that the new government should 
go into effect on March 4, 1789. In the meantime senators 
and representatives were elected as the first members of 
the new Congress, and George Washington was chosen 
President. Thus the old Confederation passed away and 
the new Republic entered upon its great career. 

The System of Government Created.—The government 
created by the Constitution is federal in character; that is, 
it consists of a system of national and state government 
under a common sovereignty. It is a republic as contra¬ 
distinguished from such a limited monarchy as the British; 
that is, it is a government having a popularly elected execu¬ 
tive rather than a titular executive who holds his office for 
life by hereditary tenure, who is politically irresponsible, 
and who governs through ministers who are responsible to 
the Parhament for his acts. It is also distinguished frorn 
confederate government or that form in which the states 
are practically sovereign and in which the general govern¬ 
ment is nothing but the agent of the states for the care of a 
very few things of common concern, such as defense against 
foreign aggression. Finally, the American system is one of 
popular rather than of aristocratic government, that is, 
it is government by the masses of the people instead of 
government by the favored few. 

References.— Andrews, Manual of the Constitution, ch. ii. Beard, 
American Government and Politics, ch. iii. Bryce, The American 
Commonwealth (abridged edition), ch. ii. Fiske, Critical Period of 


RESEARCH QUESTIONS 173 

American History, chs. vi-vii. Hinsdale, American Government, 
chs. vii-xi. 

Documentary Material.—i. The Articles of Confederation. 2. The 
Constitution. 


Research Questions 

1. Trace the steps leading up to the meeting of the convention 
which framed’the Constitution. 

2. How were the delegates to the convention chosen? What, in 
general, was the nature of their instructions ? Who was the oldest 
delegate ? the youngest ? the most distinguished ? Who of them 
were signers of the Declaration of Independence ? Who acted as 
president of the convention ? 

3. Name the members of the convention who refused to sign the 
Constitution. 

4. Why did Hamilton, the author of the resolution calling tlic 
convention, take so little part in the work of making the Constitu¬ 
tion ? 

5. Why did not New York send its ablest men to the convention ? 

6. Did the convention organize itself into committees for the trans¬ 
action of business ? 

7. What was the attitude of some of the delegates from the East¬ 
ern states toward the West ? 

8. In general, what part of the country was in favor of the Con¬ 
stitution and what part opposed ? 

9. What were some of the objections urged against its adoption ? 

10. Why was the Constitution not submitted to a direct vote of 
the people as is the custom with state constitutions ? 

11. When the draft of the completed Constitution was laid before 
the Congress of the Confederation, did that body make any changes 
in it before submitting it to the states ? 

12. Might North Carolina and Rhode Island have remained per¬ 
manently out of the Union ? If so, what would have been their 
status ? 

13. Do you think the time has come when the best interests of the 
country require a new Constitution ? What is your opinion of the 
proposition that the country has outgrown the Constitution ? 

14. What, in the light of more than a century’s experience, do you 
consider some of the defects of the Constitution ? 


CHAPTER X 


THE TWO HOUSES OF CONGRESS 

The House of Representatives.—The Constitution pro¬ 
vides that the national house of representatives—the lower 
house of Congress—shall consist of members chosen every 
second year by popular election. Under the Articles of Con¬ 
federation members of the old Congress were chosen an¬ 
nually, but that term was too short to enable them to acquire 
that familiarity with their duties which is essential to effi¬ 
cient legislation. The term of a representative begins on the 
4th of March in the odd-numbered years, though Congress 
does not meet until the first Monday in December following, 
unless the President calls it together in extraordinary ses¬ 
sion earlier. 

Sessions of Congress.—There are two regular sessions 
of every Congress; the long session which begins on the first 
Monday in December of the odd-numbered years and lasts 
until some time in the following spring or summer; and the 
short session which begins on the same date in the even-num¬ 
bered years and lasts until the 4th of March following, when 
the terms of all representatives expire. Each Congress is 
numbered, beginning with the first, which began March 4th, 
1789. The sixty-sixth Congress began March 4, 1919, 
and will end March 4, 1921. Extraordinary sessions are 
sometimes called by the President to consider matters of 
special importance which need to be acted upon before 
the meeting of the reg*^lar session. From 1789 to 1917 

174 


SESSIONS OF CONGRESS 


175 

there were only seventeen such sessions, the last being that 
called by President Wilson to meet in April, 1917, to deal 
with the situation caused by German aggression. 

Number and Apportionment of Representatives.—The 
Constitution provided that the first house of representa¬ 
tives should consist of sixty-five members, but that as 
soon as a census of the inhabitants should be taken the num¬ 
ber was to be apportioned among the several states on the 
basis of population, not exceeding one for every 30,000 of 
the inhabitants. After each decennial census is taken a 
new apportionment is made by Congress on the basis of the 
new population. The total number of representatives at 
present is 435,^ being in the proportion of one member 
for every 211,877 inhabitants, which is known as the 
congressional ratio. The largest number from any one 
state is forty-three, the number from New York. Pennsyl¬ 
vania has thirty-six, Illinois twenty-seven, Ohio twenty-two, 
and so on down the list. Five states are entitled to but one 
member each, namely, Arizona, Delaware, Nevada, New 
Mexico, and Wyoming. As the population of several of 
these states is less than the congressional ratio, they might 
not be entitled to a single member but for the provision in 
the Constitution which declares that each state shall have 
at least one representative. 

1 Each of the Territories is represented in Congress by a delegate 
who is allowed to serve on certain committees and to take part in de¬ 
bate but not to vote. The Philippine Islands are represented by two 
Resident Commissioners, and Porto Rico by one. By courtesy they 
are allowed seats in the house of representatives, like territorial dele¬ 
gates, and may serve on committees. 

The numbers of representatives after each census have been as 
follows: 1790, 105; 1800, 141; 1810, 181; 1820, 212; 1830, 240; 1840, 
223; 1850, 234; i860, 241; 1870, 292; 1880, 325; 1890, 356; 1900, 386; 
1910, 435. 


176 THE TWO HOUSES OF CONGRESS 

Election of Representatives.—The Constitution provides 
that representatives shall be chosen in each state by vote 
of such persons as are qualified to vote for members of the 
lower house of the legislature of that state. Thus it happens 
that the qualifications for participating in the choice of 
national representatives varies widely in the different states. 
But the choice must be made by the people, not by the 
legislature or by executive appointment, and, under the 
Fifteenth Amendment to the Federal Constitution, the 
states cannot, in fixing the suffrage, discriminate against 
any class of persons because of their color or race. Subject 
to these restrictions the states are practically free to limit 
the right to vote for national representatives to such of 
their citizens as they may see fit. It is true that the Four¬ 
teenth Amendment declares that whenever a state shall 
limit the right of its adult male citizens to vote except for 
crime its representation in Congress shall be proportion¬ 
ately reduced, but this provision has never been enforced. 
Some statesmen hold that it was really superseded by the 
Fifteenth Amendment. 

Manner of Choosing Representatives .—As in fixing the 
qualifications of the electors of representatives, so in the 
choosing of them, the states are left a free hand, subject 
to the provision of the Constitution which gives Congress 
power to alter the regulations of the states in regard to 
the manner and time of choosing members. For a long 
time Congress did not exercise its power in this respect and 
each state chose its representatives when it wished and in 
such manner as it pleased. Some states chose their repre¬ 
sentatives on general ticket from the state at large, while 
others chose theirs by districts; some chose by secret ballot, 
while others did not. To secure uniformity in regard to 
the method of choice, Congress enacted in 1842 that repre- 



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United States Senate Chamber 



United States House of Representatives 


IX 












ELECTION OF REPRESENTATIVES 


177 

sentatives should be chosen by districts of contiguous 
territory containing populations as nearly equal to the 
congressional ratio as possible. In 1871 it enacted that 
they should be chosen by written or printed ballots (later 
choice by voting machine was also permitted). In 1872 
it enacted that representatives should be chosen on the 
same day throughout the Union, namely, Tuesday after 
the first Monday in November.^ 

Gerrymandering .^^—When the number of representa¬ 
tives to which each state shall be entitled has been deter¬ 
mined, after the decennial census, it devolves upon the 
legislature to divide the state into as many districts as it 
is entitled to representatives.^ In the exercise of this power 
the political party in control of the legislature may arrange 
the districts in an unfair manner so as to make it possible 
for the party to elect a larger number of representatives 
than its voting strength entitles it to. This is done by 
putting counties in which the opposite party is in a large 
majority in the same districts so that it may choose a few 
members by large majorities, while the other party carries 
the remaining districts by small majorities. Thus the 
voting strength of the party in power is economized while 
that of the other party is massed in a few districts and made 
to count as little as possible. This practice is known as 
gerrymandering ’’ and has often been resorted to by both 

^ By a subsequent act, those states whose constitutions provided 
a different day for choosing representatives were exempted from 
the provisions of this law. In pursuance of this act, elections for 
members of Congress in Maine are held in September. 

2 In case the legislature neglects to redistrict the state when addi¬ 
tional representatives have been assigned to it, the latter are chosen 
from the state at large. In 1916, for example, Pennsylvania elected 
four such representatives; Illinois, Texas, Montana, and Idaho, two 
each; Alabama and West Virginia, one each. 

Govt. U. S. —12 


THE TWO HOUSES OF CONGRESS 


178 

the two great political parties, sometimes in such a man¬ 
ner as to result in flagrant injustice to the minority 
party. 

The requirement that the districts shall contain as nearly 
equal population as possible, is sometimes flagrantly vio¬ 
lated. Thus one of the Republican districts in New York 
recently contained 165,701 inhabitants while one of the 
Democratic districts had a population of 450,000. In 1910 
one of the Illinois districts contained 167,000 while another 
contained 349,000. 

Sometimes districts are so constructed as to have fan¬ 
tastic shapes. Thus a district in Mississippi some years 
ago was dubbed the “shoe string” district from its long 
irregular shape. It followed the Mississippi River for the 
whole length of the state though in one place it was less 
than thirty miles wide. 

Qualifications of Representatives.—To be eligible to the 
house of representatives, a man must have been a citizen 
of the United States for at least seven years, must have 
attained the age of twenty-five years, and must be an in¬ 
habitant of the state from which he is chosen. Residence 
in the particular district which the member represents is 
not required by the Constitution or laws of the United 
States, but is nearly always required by public opinion. 
A nonresident, however able and distinguished he might be 
as a statesman, would have little chance of election. 

Objections to the Residence Requirement .—This custom of 
insisting upon residence in the district has frequently been 
criticized, especially by foreign writers, as being a serious 
defect in our system of representation. It contrasts widely 
with the practice in Great Britain, where members of Parlia¬ 
ment are very often chosen from other districts than those 
in which they reside. London barristers of promise are 


QUALIFICATIONS OF REPRESENTATIVES 


179 

not infrequently chosen to represent country districts in 
which they are practically strangers. The late William E. 
Gladstone, a resident of Wales, represented for a long time 
a Scotch district. When an important leader of any party 
in the House of Commons happens to be defeated in his 
home district, it is a common practice for him to be made a 
candidate in some district in which his party has a safe 
majority. In the United States, in such a case, the man’s 
service in Congress would probably be ended. 

Finally, one of the worst evils of the district system is 
that it tends to make the member feel that he is the repre¬ 
sentative, not of the United States as a whole, but of the 
locality which chooses him. Instead of entertaining broad 
views upon purely national questions his views tend to 
become narrow and he votes and acts with reference to 
the welfare of his own district rather than with reference 
to the good of the whole country. On the other hand, it 
may be said in favor of the district system that it is better 
adapted to secure local representation and makes respon¬ 
sibility to the member’s constituency more effective. 

The Senate.— Purposes .—Regarding the desirability of 
creating a national legislature of two houses there was little 
difference of opinion among the members of the convention. 
Experience with a single-chambered congress during the 
period of the Confederation had revealed certain defects in 
such an organization. Moreover, all the state legislatures 
except two were composed of two houses and these excep¬ 
tions were destined soon to disappear. If a state legisla¬ 
ture ought to consist of two houses, it was all the more 
important that the national congress should be bicameral 
in organization, because, the union being composed of 
states, it was desirable to provide a separate house in which 
they could be represented as constituent political units just 


'l8o THE TWO HOUSES OF CONGRESS 

as the other house was to be a body representing the peo¬ 
ple without regard to political divisions. Aside from con¬ 
siderations growing out of the character of the federal 
system, there were the usual advantages which we associate 
with the bicameral system, such as protection against hasty 
and ill-considered legislation, insurance against the possible 
despotism of a single chamber, and the like. Having de¬ 
cided that Congress should consist of two houses, the con¬ 
vention felt that if the upper house was to exert an effec¬ 
tive restraining influence on the lower house it ought not 
to be a mere duplication of the latter but should be differ¬ 
ently composed. It should to a certain extent be a more 
conservative body than the lower house, which, being 
elected by the people, would incline toward radicalism; it 
should, therefore, be smaller in size, its members should be 
chosen for a longer term and by a different method, higher 
age and residence qualifications should be required, and it 
should be given certain powers which were not conferred on 
the lower house, such as a share in the appointing, treaty 
making, and judicial powers. 

Term .—As already stated, the Constitution provides that 
the states shall be represented equally in the senate. It 
also provides that each state shall elect two senators and 
that each senator shall have one vote. Under the Articles 
of Confederation, each state had one vote in Congress, and 
the vote of the state could not be divided; but under the 
Constitution the two senators from a state frequently vote 
on opposite sides of a question, especially if they belong 
to different political parties. On the question of the term 
of senators there was much difference of opinion among the 
members of the convention. Some favored a two-year 
tenure, some four years, some six, some nine, while Alex¬ 
ander Hamilton favored a life tenure. The term finally 


THE SENATE 


l8l 


agreed upon was six years, which seemed to be long enough 
to give the senate an element of permanence and independ¬ 
ence, and yet short enough to secure responsibility to the 
people. 

Classification of Senators .—The Constitution provided 
that immediately upon the assembling of the senators after 
the first election they should be divided into three classes 
and that the seats of those in the first class should be va¬ 
cated at the end of the second year, those of the second 
class at the expiration of the fourth year, and those of the 
third class at the expiration of the sixth year, so that there¬ 
after one third might be chosen every second year. The 
purpose of this provision is to avoid having the entire 
senate renewed at the same time. As a result, not more 
than one third are new and inexperienced members at any 
particular time. When a new state is admitted to the 
Union, its first two senators draw lots to see which class 
each shall fall in. In 1919 there were thirty-two senators 
in the first class, and their terms expire March 4, 1923 ; 
thirty-two in the second class, and their terms expire March 
4, 1925; and thirty-two in the third class, and their terms 
expire March 4, 1921. The three classes are kept as 
nearly equal as possible. 

Rejection of Senators .—While the term of a senator is 
six years, he may be reelected as often as his state 
may see fit to honor him, and in practice reelections 
have been frequent. Justin S. Morrill of Vermont, John 
Sherman of Ohio, and William B. Allison of Iowa, each 
served continuously for a period of thirty-two years. Nearly 
one third of the senators in 1911 had served twenty years 
or more. Thus the senate is an assembly of elder states¬ 
men and is a more conservative and stable body than the 
house of representatives. 


182 THE TWO HOUSES OF CONGRESS 

Mode of Election of Senators.— In regard to the mode 
of election of senators there was a wide difference of opinion 
among the members of the convention. Some favored 
choice by the people; others favored election by the lower 
house of Congress; some proposed appointment by the 
President from persons nominated by the state legislatures; 
while others proposed election by the state legislatures, 
which was the method finally agreed upon. Choice by the 
legislature, it was felt, would be the means of forming a 
connecting link between the state governments and the 
national government and would thereby tend to attach the 
former to the latter—an important consideration then, in 
view of the prevailing jealousy of the state governments 
toward the national government. Finally, it was believed 
that choice by the legislature would tend to secure the 
election of senators of greater ability since the members of 
the legislature would be more familiar with the qualifica¬ 
tions of candidates than the masses of the people could 
hope to be. 

Objections to the Method of Choice by the Legislature. 

—One of the practical objections to the original method of 
choosing senators was that it frequently led to long and 
stubborn contests which sometimes ended in deadlocks. Not 
infrequently the legislature failed to elect a senator and the 
state was left with a vacancy in the senate. In such cases the 
governor could not fill the vacancy by appointment as he did 
when a senator died or resigned; the seat remained vacant 
until a senator was chosen by the legislature. From 1890 
to 1912 not less than eleven states at one time or another 
were represented in the senate by one member only, and in 
1901 Delaware, on account of repeated deadlocks, had no 
senator at all at Washington to speak for the state. Not 
infrequently such contests were broken through the selection 


METHOD OF ELECTING SENATORS 183 

of a second-rate man or by an alliance between the members 
of the minority party and certain members of the majority. 

Bribery .—The breaking of deadlocks was sometimes 
accomplished by bribery or other improper influences. 
Indeed charges of bribery and corruption in connection 
with the election of senators came to be very common, and 
there is little doubt that between 1895 and 1910 a number 
of wealthy men found their way into the senate through 
the votes of legislators who were liberally paid for their 
support. Under these circumstances it was frequently said 
that the senate was no longer truly representative of the in¬ 
terests of the people. 

Interference with Legislative Business .—prolonged sen¬ 
atorial contest also interfered too much-with the regular 
business of the state legislature. Where the session is 
limited to two or three months, as it frequently is, the in¬ 
roads upon the time at the disposal of the legislature for 
looking after the needs of the state were considerable.^ 
Members were badgered by candidates, passions and ani¬ 
mosities were engendered, a party coloring was given non¬ 
partisan measures, and the votes of members on legislative 
measures were sometimes determined by the senatorial con¬ 
test, rather than by the merits of the measure on which 
they were called to vote. 

Popular Election of Senators.—The dissatisfaction with 
the old method of choosing senators led to a movement to 
secure an amendment to the Constitution providing for the 

1 In 1897 the business of the legislature of Oregon was completely 
tied up for months because a sufficient number of members of the 
lower house, in order to prevent the election of a certain senator, 
absented themselves from the chamber and prevented a quorum. 
Not a bill could be passed or a dollar of money appropriated for 
meeting the current expenses of the state. 


i 84 the two houses of congress 

election of senators by the people. But the senate itself 
for a long time blocked every attempt of this kind. Five 
different times between 1893 and 1911 the national house 
of representatives by a large majority proposed an amend¬ 
ment for this purpose, but each time the senate refused its 
concurrence. In one form or another the legislatures of 
thirty-one states approved of the method of popular elec¬ 
tion and wherever a referendum was taken on the propo¬ 
sition, as was done in California, Nevada, and Illinois, the 
popular indorsement was overwhelming. Finally, in 1912, 
the senate yielded, and both houses of Congress adopted a 
resolution proposing an amendment providing for the popu¬ 
lar election of senators, which was ratified by the necessary 
number of states during the following year. Under this 
seventeenth amendment the senators of each state are 
elected by vote of such persons as are entitled to vote for 
members of the lower house of the legislature. 

The seventeenth amendment provides that whenever a 
vacancy occurs in the senate the governor of the state in 
which the vacancy occurs shall issue a writ of election for 
the filling of such vacancy, but that the legislature may 
authorize the governor to fill the vacancy by a temporary 
appointment, the appointee to hold until a senator may be 
chosen by popular election. In practice special elections 
are rarely called for filling vacancies. In most states the 
governor makes a temporary appointment, the appointee 
holding until the next regular election when the people 
elect his successor. 

Qualifications of Senators.—The qualifications prescribed 
for eligibility to the senate are the same in principle as 
those required of representatives, though a little different 
in degree. Thus a senator must be at least thirty years of 
age, must have, been a citizen of the United States for nine 


QUALIFICATIONS OF SENATORS 


185 

years and must be a resident of the state at the time of his 
election. It was thought that the longer term and higher 
qualifications would tend to give greater dignity and 
strength to the upper chamber than would be found in the 
lower house, and at the same time a higher average of 
ability. 

There is no provision of the Constitution which requires 
a senator to be a resident of a particular part of the state, 
but in some states there is a custom that the two senators 
shall be taken from different sections. Thus in Vermont 
custom requires that one senator shall come from the sec¬ 
tion of the state east of the Green Mountains and the other 
from the west side. Sometimes when there is a large city 
in the state it is the custom to choose one of the senators 
from the city and the other from the country. For a long 
time Maryland did not trust this matter to custom but by 
law enacted that one of the senators should be ah inhabitant 
of the eastern shore and the other of the western shore. 

Character of the Senate.—In the early days when the 
states were generally regarded as sovereign communities, 
senators were looked upon somewhat as ambassadors to 
the national government, and the right to instruct them as 
to how they should vote on important questions was some¬ 
times claimed and asserted by the legislatures. Sometimes 
the senators obeyed the instructions, sometimes they re¬ 
fused; and in the latter case there were no means of 
enforcing obedience. Not infrequently senators are re¬ 
quested ” by the legislature of the state which they 
represent to vote for or against a particular bill. 

The Senate undoubtedly possesses elements of strength 
and efficiency which are not to be found in the lower house. 
As it is a much smaller body, debate there can be carried 
on with more effectiveness, and the individual member has 


186 THE TWO HOUSES OF CONGRESS 

greater opportunity to make his influence felt upon legisla¬ 
tion. The efficiency of the Senate is further increased by 
the fact that its members are generally men of more mature 
age and larger legislative experience, many of them having 
already served their apprenticeship in the lower house. 
Moreover, owing to the longer term, they are more inde¬ 
pendent of the popular opinion of the moment and, there¬ 
fore, under less temptation to yield to popular clamor and 
vote for measures which their better judgment condemns. 
These facts, it may be added, have tended to increase the 
attractiveness of the Senate as a legislative body and to 
draw into it statesmen of larger ability than the lower 
house has been able to attract. 

At the same time, these elements of strength have to 
some extent been sources of weakness. The attractions 
of the Senate have stimulated the ambitions of rich men 
who have few other qualifications than the possession of 
great wealth, and so it came to pass that a considerable 
proportion of the members of the upper house were repre¬ 
sentatives of great corporations and of other forms of 
wealth. This was not necessarily an evil, but it was 
often said that the senators were irresponsive to public 
opinion. Moreover, the Senate has been criticized for 
usurping to a considerable extent the powers of the execu¬ 
tive department in regard to appointments and the conduct 
of foreign affairs, and has encroached upon the powers of 
the lower house in respect to the initiation of revenue bills. 
Finally, the tradition of senatorial courtesy, which makes 
it possible for a single senator to deadlock indefinitely the 
proceedings of the Senate, has been criticized as being 
quite out of harmony with reasonable notions of legislative 
procedure. All these charges, however, have been vigorously 
denied by many defenders of the Senate. Some of them 


CHARACTER OF THE SENATE 187 

are well founded, but all in all, the Senate compares favor¬ 
ably with the best upper chambers of other countries. 

Decisions as to Congressional Elections and Member¬ 
ship.—Each house of Congress is the judge of the election, 
quahfications, and returns of its own members, that is, it 
is empowered to determine whether a member who claims 
to have been elected has been legally chosen and whether 
he really possesses the qualifications prescribed by the 
Constitution for membership in the house. It seems to 
be admitted that either house may also refuse to admit 
a member for other reasons than those prescribed by the 
Constitution, as, for example, for having been convicted of 
a crime or because he is insane or suffering with a danger¬ 
ous contagious disease. Thus in 1900 the house of r^re- 
sentatives refused to allow a member from Utah to take 
his seat because he was living in violation of the anti¬ 
polygamy laws, although he possessed all the qualifications 
required by the Constitution and had been lawfully elected. 

Contested Elections .—Frequently there is a contested 
election from a state or district, that is, two men claim to 
have been elected to the same seat, in which case the house 
must decide which one is entitled to the seat. In such a 
case the claims of the contestant and the contestee are 
heard by the committee on privileges and elections, which 
makes a report to the house with a recommendation as 
to which shall be given the seat. Unfortunately, contested 
election cases are not always settled on their merits, the 
seat being usually given to the claimant who belongs to 
the party which has a majority in the house. In England 
this source of party favoritism is removed by vesting the 
settlement of cases of contested elections in the courts, 
which are more apt to decide such contests on their merits. 

Power of Expulsion .—When a member has once been 


188 THE TWO HOUSES OF CONGRESS 

admitted to his seat, he can be deprived of it only by ex¬ 
pulsion, and to prevent the employment of this power for 
party purposes, the Constitution provides that the con¬ 
currence of two thirds of the members shall be necessary 
to expel a member. Several instances of expulsion have 
occurred in the past. Senator Blount of Tennessee was 
expelled from the senate in 1797, and a number of other 
cases occurred in each house during the Civil War. 

Compensation of Members of Congress.—The Constitu¬ 
tion declares that senators and representatives shall receive 
a compensation for their services, the same to be paid out 
of the treasury of the United States. Under the Articles 
of Confederation, each state paid its own members of Con¬ 
gress, and there was no uniformity in respect to the scale 
of compensation. Some states paid much smaller salaries 
than others and in order to reduce the burden of maintain¬ 
ing their representatives, the states generally sent to Con¬ 
gress the fewest number of representatives required, and 
as each state had only one vote, nothing was lost by having 
a minimum number present. One other objection to the 
method of state payment was that it tended to make the 
representative dependent upon his state and caused him to 
feel that he was the representative of a state rather than 
of the country as a whole. 

In fixing the amount of the compensation of its members, 
Congress is subject to no restrictions. It may fix the salary 
at any amount it pleases, may make it retroactive in effect 
or may increase the amount at any time during the term 
for which the members are chosen. The present salary of 
senators and representatives is $7,500 per year, but the 
Speaker of the house receives $12,000 per year. In addition, 
each member receives an allowance for a secretary, a small 
sum for stationery, and mileage of twenty cents per mile 


COMPENSATION OF MEMBERS OF CONGRESS 189 


going and coming by the nearest route between his home 
and the national capital. This mileage is intended to cover 
the traveling expenses of the member and his family. 

In some of the countries of continental Europe members 
of Parliament do not receive any compensation from the 
public treasury unless they happen to be members of the 
cabinet, and this was the rule in Great Britain prior to 1911. 
Sometimes, however, members who represent the socialist 
or labor party are paid by voluntary contributions by the 
members of their party. The advantage of paying mem¬ 
bers of Congress a reasonable compensation is that it en¬ 
ables competent men without private incomes to serve the 
state equally with the well-to-do, who are not dependent 
upon their public salaries for a livelihood. 

The Franking Privilege .—Another privilege which Con¬ 
gress allows its members is to send their mail through the 
post office without the payment of postage. The spirit 
of the law restricts the privilege to the official correspond¬ 
ence of members, but the privilege is generally abused. 
Thus a senator from South Carolina was recently criticized 
by the post-office department for franking his typewriter 
through the mails. President Taft in his annual message 
to Congress in December, 1910, dwelt upon the abuses of 
this privilege by members of Congress and other govern¬ 
ment officials. The postmaster general in 1914 called at¬ 
tention to a recent instance in which more than 300,000 
pamphlets were circulated under the frank of a member of 
Congress, the postage on which would have amounted to 
$57,000. They related not to public business but to the 
interest of a certain industry in which he was concerned. 

Rights and Privileges of Members of Congress.—The 
Constitution provides that members shall not be arrested 
in any case except treason, felony, and breach of the peace, 


THE TWO HOUSES OF CONGRESS 


190 

during their attendance at the sessions of their respective 
houses and in going to and from the same; and for any 
speech or debate in either house, they cannot be questioned 
in any other place. The purpose of the first provision is 
to prevent interference with members in the discharge of 
their high and responsible duties, through arrest for trivial 
offenses or trumped-up charges. If a member, however, 
commits an offense amounting to a breach of the peace, 
his immunity from arrest ceases and he may be dealt with 
by the courts as any other offender. The object of the 
second provision is to secure to members absolute freedom 
of speech on the floor of Congress by relieving them from, 
the liability to prosecution for slander for anything they 
may say in the course of debate. 

Disqualifications .—On the other hand, the Constitution 
provides that no person holding any office under the United 
States shall be a member of either house of Congress during 
his continuance in office. This provision was adopted in 
pursuance of the view that the executive and legislative 
departments should, as far as practicable, be kept separate. 
Moreover, no senator or representative may, during the 
time for which he is elected, be appointed to any civil office 
which shall have been Created or the emoluments of which 
shall have been increased during such time. The purpose 
of this provision is to prevent Congress from creating new 
offices or increasing the salaries of existing offices for the 
benefit of members who might desire to be appointed to 
them. 

Special Functions of the Senate.—The senate is not only 
a coequal branch of the national legislature but it possesses 
in addition certain powers not enjoyed by the lower house. 

Share in the Appointing Power .—First of all, it shares 
with the President the power of appointment to federal 


SPECIAL FUNCTIONS OF THE SENATE 


191 

offices. The Constitution makes its approval necessary 
to the vahdity of all appointments made by the executive, 
the idea being that the participation of the senate would 
serve as a restraint upon the errors or abuses of the Presi¬ 
dent and thus insure the appointment of honest and capable 
men to office. But it was never intended to give the senate 
anything more than the negative power of rejecting the 
nominations of the President. It is his power to nominate 
and that of the senate to approve or disapprove the nomina¬ 
tion. Nevertheless, there has grown up in the senate a 
practice by which the senators from a particular state in 
which an appointment to a federal office is to be made, 
claim the right to select the appointee themselves and when 
they have agreed upon him to present his name to the 
President for appointment; provided, of course, that they 
are of the same party as the President. If the President 
refuses to comply with the request of the senators from a 
particular state, and nominates an official who is unac¬ 
ceptable to them, the custom of “senatorial courtesy,” 
which has become one of the traditions of the senate, re¬ 
quires that the senators from the other states shall stand 
by their associates in question and reject the nomination 
of the President. In this way the senate has, in effect, 
assumed the power of dictating to the President appoint¬ 
ments to many federal offices in the states, such as those 
of postmaster, federal judge, attorney, revenue collector, 
and the like. If the two senators from a state belong to 
different political parties, the one with whom the Presi¬ 
dent is in political sympathy controls the federal patronage 
in the state. 

Share in the Treaty-Making Power .—The senate also 
shares with the President the power of making treaties 
with foreign countries. The ordinary procedure is for the 


192 


THE TWO HOUSES OF CONGRESS 


President, through the Department of State, to negotiate 
the treaty, after which it is laid before the senate for its 
approval. Approval by a two-thirds vote of the senators 
is necessary to the validity of the treaty. The purpose of 
giving the senate a share in the treaty-making power was 
to provide a check or restraint upon the possible abuses or 
errors of the executive. The extraordinary majority re¬ 
quired for the approval of the treaty, however, has fre¬ 
quently proved a handicap and led to the defeat of a number 
of valuable treaties. Thus a small political minority can 
prevent the ratification of a treaty and sometimes does so 
when it sees an opportunity to reap political advantage 
thereby. 

The Constitution speaks of the “advice and consent’^ 
of the senate, but in practice all the senate does is to give 
its consent. In the early days, however, the President not 
infrequently requested the “advice” of the senate before 
starting the negotiation of a treaty, and if the advice was 
unfavorable the proposed negotiations were abandoned. 
Even now if the President has doubts as to whether a pro¬ 
posed treaty would receive the approval of two thirds of 
the senate he will consult with the members of the senate 
committee on foreign relations and with other influential 
members of both parties, before beginning the negotiations. 

The senate may reject a treaty in toto, and has done so in 
many instances, or it may amend a treaty laid before it, in 
which case it must be sent back to the government of the 
other country which is a party thereto for concurrence in 
the amendments. After the senate has consented to the 
ratification of a treaty, the President may ratify it or not 
as he likes. 

The Senate as a Court of Impeachment .—Another special 
function of the senate is that of acting as a court for the 


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SPECIAL FUNCTIONS OF THE SENATE 


193 

trial of impeachment cases. The Constitution declares 
that the President, Vice President, and all civil officers 
of the United States shall be removed from office on im¬ 
peachment for and conviction of treason, bribery, or other 
high crimes and misdemeanors. Military and naval officers 
are tried by court-martial and are not therefore liable to 
impeachment.^ To impeach an officer is to bring charges 
against him. So far as federal officers are concerned this 
power belongs exclusively to the house of representatives, 
which acts somewhat as a grand jury does in finding in¬ 
dictments against ordinary criminals. When sitting as a 
court of impeachment the senators are under a special oath, 
and when the President is on trial the chief justice of the 
Supreme Court is the presiding officer instead of the Vice 
President, who, in such a case, would be directly interested 
in the outcome of the trial, since in the event of the convic¬ 
tion and removal of the President he would succeed to the 
office. Managers appointed by the house of representatives 
appear at the bar of the senate to prosecute the charges 
preferred by the house, witnesses are examined, evidence 
presented, and the accused is defended by counsel of his 
own choosing. In order to prevent the employment of 
the impeachment power for party purposes, the Consti¬ 
tution provides that the concurrence of two thirds of the 
senators shall be necessary to convict. 

The punishment which the senate may inflict in case of 
conviction is limited to removal from office and disqualifi¬ 
cation from holding office in the future. The Constitution 
makes it mandatory upon the senate to remove the con¬ 
victed official, but whether he shall forever be disqualified 

1 That members of Congress are not liable to impeachment was 
determined in the case of William Blount, a senator from Tennessee 
in 1797, the senate deciding that it had no jurisdiction of the case. 

Govt. U. S.—13 ,, 


194 the two houses OF CONGRESS 

from holding office in the future is left to the discretion of 
the senate. In England the House of Lords, which tries 
impeachment cases, is not hmited in the extent of punish¬ 
ment which it may inflict, but may, at its discretion, sen¬ 
tence the convicted official to imprisonment or the payment 
of a fine. While the senate of the United States cannot do 
this, the person convicted and removed may, nevertheless, 
be indicted and tried by the courts as any other criminal 
may. 

The procedure of removing an officer by impeachment is 
so cumbersome and unwieldy that it has rarely been re¬ 
sorted to. During our entire history there have been only 
eight impeachment trials of federal officers, and of these 
there were convictions in but three cases.^ If this were the 
only method of removal it would be difficult to get rid of 
corrupt and incompetent officials, but it must be remem¬ 
bered that any federal official except the. judges iriay be 
removed from office by the President for any reason that 
to him seems fit and proper; and the power is frequently 
exercised. 

1 The first was that of Judge John Pickering of the United States 
District Court of New Hampshire, March, 1803. The second was 
that of Judge Samuel Chase, of the Supreme Court, March, 1804. 
James H. Peck, District Judge of Missouri, was impeached in April, 
1830; West H. Humphreys, District Judge of Tennessee, May, 1862; 
Andrew Johnson, President of the United States, February, 1868; 
William W. Belknap, Secretary of War, March, 1876; Charles Swayne, 
Judge of the United States District Court for Florida, 1905; and 
Robert W. Archbald, Judge of the Court of Commerce, 1912, Of 
these, Pickering, Humphreys, and Archbald were convicted and re¬ 
moved from office, while Humphreys and Archbald were in addition 
disqualified from holding federal office in the future. Belknap re¬ 
signed before impeachment charges were preferred, but the senate de¬ 
cided that it had jurisdiction, nevertheless, and the trial was proceeded 
with only to result in his acquittal. 


RESEARCH QUESTIONS 


195 

References.— Andrews, Manual of the Constitution, pp. 47-68. 
Beard, American Government and Politics, chs. xii-xiii. Bryce, 
The American Commonwealth (abridged edition), chs. ix-xii. Har¬ 
rison, This Country of Ours, ch. ii. Hart, Actual Government, 
ch. xiii. Hinsdale, American Government, chs. xvii-xxiii. Wilson, 
Congressional Government, secs. 1273-1293. 

Documentary and Illustrative Material.—i. Copy of the Congres¬ 
sional Directory. 2. Copies of the Congressional Record. 3. A map 
showing the Congressional districts of the state. 

Research Questions 

1. How many representatives in Congress has your state? 

2. Is there any evidence that your state is “gerrymandered”? 

3. In what congressional district do you live? How many counties 
are there in the district? What is its population? How much does 
the population vary from the congressional ratio? Who is your 
representative? How many terms has he served? What is his party? 
By how large a majority was he elected? 

4. Who is the senior senator from your state? The junior senator? 

How many terms has each served ? To which of the three classes 
does each belong ? ' 

5. If the first congressional ratio of one member for 30,000 inhabit¬ 
ants were now in force, what would be the number of representatives 
in the house? Give arguments for and against the proposition that a 
house of 435 members is too large. 

6. Is the present salary of members of Congress sufficiently large 
to attract the best men? Do you think the European custom of not 
paying salaries to members of Parliament a wise one? 

7. Do you think members of Congress are morally entitled to “con¬ 
structive” mileage, that is, for mileage not actually traveled, as 
where one session merges into another? 

8. Members of the British Parliament are elected for a term of 
five years, those of the German Reichstag for five years, those of 
the French Chamber of Deputies for four years. In view of these 
rather long terms, do you think a two-year term for American repre¬ 
sentatives is too short? 

9. Do you think the practice of members of Congress of distribut¬ 
ing large quantities of garden seed among their constituents at public 
expense a wise or a vicious one? 


THE TWO HOUSES OF CONGRESS 


196 

10. Do you think public documents printed by authority of Con¬ 
gress should be distributed free of cost to all who desire them? 

11. What is your opinion of the practice of members of Congress 
of printing in the Congressional Record long speeches never delivered 
in Congress? 

12. Would the nomination of members of Congress by direct pri¬ 
mary be a better method than nomination by convention? 

13. What would be the advantage in requiring a newly elected 
Congress to assemble shortly after the election instead of about thir¬ 
teen months thereafter, as is the present rule? 

14. Are women eligible to membership in either house of Congress? 

15. Give some of the reasons why, in your judgment, senators 
should be elected by the people. 

16. Ought the qualifications for voting for representatives in Con¬ 
gress to be determined by national authority instead of by the states? 

17. Ought a representative to be required to be a resident of the 
district from which he is elected? 

18. Do you think the states should be equally represented in the 
senate? 


CHAPTER XI 


ORGANIZATION AND PROCEDURE OF CONGRESS 

Organization of the Two Houses.— Officers .—Each house 
of Congress is free to organize itself in such a manner as 
it pleases, and to choose its own officers, except that the 
Vice President of the United States is, by the Constitution, 
made the presiding officer of the senate. The presiding 
officer of the house of representatives is called the speaker; 
that of the senate, the president. Each house has one or 
more clerks who keep the journals, call rolls, read bills, 
and have custody of all bills, resolutions, petitions, and 
memorials; a sergeant-at-arms who preserves order, has 
charge of the halls, pays members their salaries, and per¬ 
forms various other duties a postmaster; a doorkeeper; 
a chaplain; and other minor officials. 

Opening of a New Congress ,—When a new Congress 

^ The sergeant-at-arms of the house of representatives has custody 
of the mace which is the symbol of the authority of the house. It is 
a representation of the Romsm fasces in ebony, and is surmounted by 
a globe and an eagle in silver. During the session it is kept in the 
place provided for it near the speaker’s desk, but when disorder breaks 
out in the course of the debates, the sergeant-at-arms takes the mace 
from its accustomed place and proceeds, bearing it aloft, to the part of 
the house where the disorder prevails. He then commands order in 
the name of the house, and if the display of the mace is not sufficient 
to restore order, the house may order the disorderly member or mem¬ 
bers to be arrested. 


197 


198 ORGANIZATION AND PROCEDURE OF CONGRESS 

assembles, the house of representatives is called to order 
by the clerk of the preceding house. He then calls the roll 
of the members whose credentials or certificates of election 
have been filed with him, and if a quorum is present the 
house proceeds to the election of a speaker. The members 
of each political party represented in the house have al¬ 
ready in caucus agreed upon their candidates, and they 
are now put in nomination before the house by some member 
representing each party. Usually the action of the caucus 
of the majority party is equivalent to an election, and the 
house has only to ratify its choice. In several instances, 
however, the election of the speaker involved long and bitter 
contests. Thus in 1849, ^3 ballots were taken, and again 
in 1855-1856, 133 ballots were necessary, and in each case 
a special rule was adopted permitting a plurality to elect. 

The senate, on the other hand, is always an organized 
body. The presiding officer—the Vice President—at the 
opening of a new Congress calls the senate to order, and the 
other officers, who hold during the pleasure of the senate, 
resume their duties. The senate elects one of its own mem¬ 
bers as president pro tempore to preside over its delibera¬ 
tions during the absence of the Vice President or in case 
there is no Vice President, as has often happened. 

The Oath of Office is usually administered to the speaker 
by the oldest member in point of service,—called “the 
Father of the House,”—after which the speaker calls the 
other members to the front—usually by state delegations— 
and administers the oath to them. Newly elected senators 
are escorted to the Vice President’s desk, usually each by 
his state colleague, and are sworn in individually. 

Adoption of the Rules .—After the administering of the 
oaths of office, the house adopts the rules of the preceding 
Congress for regulating its procedure pending the adoption 


ORGANIZATION OF THE TWO HOUSES 


199 

of new rules. Usually this is a perfunctory performance and 
is carried through without opposition. At the opening of 
the sixty-first Congress, however, strong opposition was 
manifested toward the old rules and they were not re¬ 
adopted until important amendments had been made in 
them. 

After the adoption of the rules each house appoints a 
committee to notify the other of its readiness for business, 
and the two then appoint a joint committee to inform the 
President of the United States that Congress is ready to 
receive any communication that he may be pleased to make. 
The message of the President is then laid before each house 
and the business of Congress proceeds. 

Quorum.—The Constitution provides that a majority 
of each house shall constitute a quorum for the transaction 
of business, but that a smaller number may compel the 
attendance of absent members in such manner and under 
such penalties as each house may prescribe. 

Old Method of Counting a Quorum .—For a long time the 
method of ascertaining whether a quorum was present was 
by a roll call. If the roll call failed to show the presence of 
a majority, the speaker ruled that no quorum was present, 
even though every member of the house was actually in his 
seat. In the course of time this rule came to be frequently 
abused by the minority for the purpose of preventing con¬ 
sideration of measures to which it was opposed. Thus in 
January, 1890, when the Republicans had only a slight 
majority in the house of representatives, the Democrats 
were able, owing to the absence of a few Republican members, 
to break a quorum and prevent consideration of important 
measures, by refusing to answer to the roll call. On a 
notable occasion in January, 1890, the roll call showed 161 
yeas, 2 nays, and not voting 165, the 165 who refused to 


200 ORGANIZATION AND PROCEDURE OF CONGRESS 

vote being Democrats who were opposed to the taking up 
of a certain measure which the Repubhcans desired to pass. 
Under the rules the roll call did not show a quorum present, 
though more than two thirds of the members were actually 
in their seats. 

The New Method .—The Republican majority therefore 
adopted a new rule, that members who were actually in 
their seats were to be counted by the speaker as present, no 
matter whether they voted or not. The action of Speaker 
Reed in enforcing this rule raised a storm of protest by the 
minority, but he courageously stood his ground. The new 
rule was readopted by the next Congress though the Demo¬ 
crats were then in the majority, and it has been continued 
ever since with the exception of one or two Congresses 
when the old rule was reverted to. Much of the business 
of Congress is really done, however, when there is no quorum 
present, this being permissible so long as the point of “no 
quorum” is not raised by any member. 

Open Sessions.—The ordinary sessions of both houses 
are open to the public, though until 1794 the senate held 
its sessions in secret. When the senate goes into executive 
session, that is, when it is considering nominations of the 
President to public office or is engaged in considering treaties, 
the galleries are cleared, the doors closed, and its delibera¬ 
tions are conducted in secret, though the results of its trans¬ 
actions usually leak out in some way. 

Seating of Members.—Until 1913 each member of each 
house was provided with a seat and a desk, but in that year 
the desks were removed from the house of representatives 
in order to bring the members nearer together. Prior to 
• that date, seats were assigned to members by lot at the 
opening of Congress, but the leader of the minority party 
and one or two other members of long service were usually 


SEATING OF MEMBERS 


201 


allowed to select their seats without resort to the lot. The 
Democrats are seated on the right of the speaker and the 
Republicans on the left. In the senate, each seat as it be¬ 
comes vacant is assigned to the member who first makes ap¬ 
plication for it to the presiding officer. The house chamber 
is so large that members in the rear seats are at a disadvan¬ 
tage, and speech making is carried on with difficulty. In 
1913, however, this inconvenience was diminished by a 
reduction in the size of the hall by about one third of the 
floor space. The senate chamber is less spacious, and 
debate can be conducted with much greater satisfaction 
and effectiveness. It would be a great advantage if the 
number of representatives could be reduced to 250 or 300 
so as to make the house less unwieldy, but there is little 
probability that such a reform will ever be effected. If 
smaller in size, the house could transact its business with 
more dispatch, give more careful consideration to bills, and 
allow members a greater opportunity for discussion.^ 

Committees. —Obviously an assembly of more than 400 
members cannot legislate effectively as a whole; its work 
must be done largely by committees. To some committee 
every measure and every petition is referred, as are also 
the various recommendations of the President. In the 
sixty-fifth Congress (1917-1919) there were seventy-six 
standing conunittees in the senate and fifty-nine in the 
house. Usually there are also several select committees, 
and occasionally a few joint committees. In the senate, 
the committees vary in size from three to twenty mem¬ 
bers ; in the house from three to twenty-three. 

The most important committees in the senate are those 
on appropriations, commerce, finance, foreign relations, in- 

1 Recently two handsome office buildiiigs have been erected near the 
Capitol for the use of members of both houses. 


202 ORGANIZATION AND PROCEDURE OF CONGRESS 

terstate commerce, judiciary, military affairs, naval affairs, 
and public expenditures. The least important are those 
on disposition of useless papers. University of the United 
States, and Revolutionary claims, since there is little 
or no business referred to them. The most important 
committees in the house are those on ways and means, 
appropriations, banking and currency, public expenditures, 
foreign affairs, interstate and foreign commerce, judiciary, 
military affairs, naval affairs, public buildings and grounds, 
rivers and harbors, and rules (twelve members now, for¬ 
merly five). The least important is that on the disposition 
of useless papers.^ 

Method of Choosing Committees .—In the senate committee 
assignments are nominally made by the senate itself, but 

1 There are obvious objections to a system in which legislation is 
necessarily framed to a large extent by committees. These objections 
are thus stated by Mr. Bryce in his American Commonwealth 

1. It destroys the unity of the house. 

2. It prevents the capacity of the best members from being brought 
to bear on any one piece of legislation, however important. 

3. It cramps debate. 

4. It lessens the cohesion and harmony of legislation by allowing 
each committee to go its own way with its own bills just as though it 
were legislating for one planet and the other committees for others. 

5. It gives facilities for the exercise of underhand and even corrupt 
influence, and encourages “log rolling.” 

6. It reduces responsibility by dividing it among different com¬ 
mittees. 

7. It lowers the interest of the nation in the proceedings of Congress. 

8. It throws power into the hands of the chairmen of committees, 
especially those which deal with finance and other great national 
interests. 

The chief advantage of such a system is that it enables the house 
to deal with a far greater number of subjects than could be otherwise 
dealt with, and thus makes possible the dispatch of a vast amount 
of work, especially in killing off worthless bills. 


COMMITTEES 


203 

in reality they are made by two committees on committees 
selected by a caucus of the members of each party, the 
recommendations of the two committees usually being 
accepted by the senate without debate. Both parties are 
represented on each committee, the dominant party, of 
course, being given a majority of the places. Thus on a 
committee of thirteen members, the majority party is 
usually represented by eight members and the minority 
by five; on a committee of seventeen, the numbers are 
eleven and six respectively, and so on. 

In the house of representatives, from the beginning until 
very recently, all the committees were appointed by the 
speaker, a power which gave him great influence in shap¬ 
ing and determining the course of legislation, since he 
might constitute the committees with reference to their 
friendliness or unfriendliness toward legislative measures 
that were referred to them for investigation and report. 
In making committee assignments, however, the speaker 
was not entirely free to follow his own individual prefer¬ 
ences. Thus the tradition of the house required that he 
must take into consideration the claims of members whose 
service had been long and distinguished, while political 
gratitude led him to reward with desirable committee 
assignments those to whom he was especially indebted for 
his election as speaker. Seniority of committee service was 
also taken into account when the chairmanship of an im¬ 
portant committee became vacant, the next ranking mem¬ 
ber of the committee having a strong claim to be promoted to 
the vacancy. In 1911, however, the house, then controlled 
by the Democrats, adopted a rule providing for the election 
of all standing committees by the house; thus making the 
method of choosing committees the same as in the senate. 

In the house, the chairmanship of every committee. 


204 ORGANIZATION AND PROCEDURE OF CONGRESS 

whether important or unimportant, is given to a member 
of the dominant party, and of course also a majority of the 
other places on the committee, the proportion between the 
representation of the two parties being about the same as 
on the senate committees. 

Introduction and Reference of Bills.—After the appoint¬ 
ment of the committees the house is ready for the transac¬ 
tion of legislative business. Bills are introduced by sending 
them, indorsed with the name of the introducer, J:o the 
presiding officer’s desk, where the fact of presentation is 
entered on the journal and the bill is given a number.^ 
Thus the first bill introduced at the beginning of a new 
Congress is designated as “S. i,” if presented in the senate, 
and “H. R. i,” if presented in the house of representatives. 

Reference to Committees .—The next step is to refer the 
bill to a committee for consideration, and in the meantime 
it is printed and placed on the desks of members. Refer- 

^ Private bills are delivered to the clerk instead of to the speaker. 
The distinction between a public bill and a private bill is that the 
former deals with matters of general interest to the public, while the 
latter deals with matters of interest to a single individual or a small 
class. An example of a public bill is one regulating commerce; an 
example of a private bill is one granting a pension to a particular 
individual, or settling a claim of a person against the government. 
A distinction is also made between a bill and a resolution. A bill 
deals with matters of a more fundamental and permanent character, 
while a resolution deals with matters of a more temporary and tran¬ 
sient nature. Resolutions are of two kinds: joint and concurrent. A 
joint resolution is passed like a bill and requires the approval of the 
President but is cast in slightly different form and is used for making 
small appropriations, the cr eation of commissions, proposal of amend¬ 
ments to the Constitution, resolutions to admit new states, ordering 
of printing, and the like. A concurrent resolution is used for express¬ 
ing the opinion of Congress on some question of interest to that body 
alone and is not submitted to the President for his approval. 


INTRODUCTION AND REFERENCE OF BILLS 


20 $ 

ence to the appropriate committee is usually made by the 
presiding officer, though the house may direct that it shall 
be referred to a particular committee. 

Some idea of the mass of legislative projects referred to 
the committees may be gained from the fact that in the 
sixtieth Congress 27,114 bills and resolutions were intro¬ 
duced into the two houses, and that of these, 7,839 were 
reported by the committees to which they were referred. 
We have here a good illustration of the necessity of the 
committee system, since it would have been a physical 
impossibility for either house as a whole to have considered 
even slightly so many bills. The committees sift out of 
the mass of proposed legislation such measures as they 
think worthy of enacting into law, and report their rec¬ 
ommendations to the house as a whole. 

Committee Hearings .—Committees charged with the con¬ 
sideration of important bills frequently hold public hearings 
at which interested parties may appear and present argu¬ 
ments for and against the measures under consideration. 
Thus the ways and means committee of the house in 1909 
held public hearings at Washington for many weeks on 
the tariff bill, and scores of persons appeared to advocate 
lower or higher rates on various articles on which duties 
were to be imposed. Frequently members who introduce 
bills appear before committees and urge favorable action. 
The more important committees in each house have a 
regular day in each week for meeting, and a few of those in 
the house of representatives meet twice a week. Most of 
the committees, however, have no regular meeting day, 
being called together by their chairmen as occasion requires. 

Forms of Committee Action .—The committee to which a 
bill is referred may pursue any one of the following courses: 
(i) It may report the bill back to the house with a recom- 


2o6 organization and procedure of congress 

mendation that it be passed; (2) it may amend the bill 
and recommend that it be passed as amended; (3) it may 
throw the bill aside and report an entirely new one in its 
place; (4) it may report the bill unfavorably with a recom¬ 
mendation that it do not pass; (5) it may “pigeonhole’' 
the bill, that is, take no action on it at all, or report it so 
late in the session that no opportunity is allowed for its 
consideration. The latter method of disposal, sometimes 
called “smothering,” is the fate that awaits the great ma¬ 
jority of bills introduced into Congress. The “ smothering ” 
of bills became the subject of so much complaint among 
members recently that the rules were amended so as to 
allow members to demand that their bills be reported to 
the house for consideration. The house, of course, may at 
any time instruct a committee to report a bill for its action, 
but this is rarely done. 

The report to the house is usually made by the chairman 
of the committee, or some one designated by him. Not 
infrequently the minority members of the committee also 
make a report opposing the recommendation of the ma¬ 
jority. The committee system of legislation is so thor¬ 
oughly established in Congress that a bill favorably reported 
stands an excellent chance of being passed, while one ad¬ 
versely reported hardly ever passes. 

Rules of Procedure.—The Constitution provides that 
each house may frame its own rules of procedure, though 
it requires certain things to be done in the interest of pub¬ 
licity and to insure a reasonable degree of careful delibera¬ 
tion. Thus each house is required to keep and publish a 
journal which must show how motions are disposed of and 
the vote for and against measures voted on. It also requires 
that on demand of one fifth of the members present the 
yeas and nays upon a measure shall be entered upon the 


RULES OF PROCEDURE 


207 

journal. The purpose of this provision is to enable a small 
number of members to put the house on record so that the 
people may know how their representatives have voted on 
important measures. 

Filibustering. —This requirement serves a useful purpose, 
but it is sometimes taken advantage of by the minority in 
“ filibustering,^’ that is, in obstructing and delaying legis¬ 
lative proceedings. Thus a member may move to adjourn 
or to take a recess and ask that the roll be called and the 
yeas and nays on the question be entered upon the journal. 
If one fifth of the members join in the demand, the roll 
must be called and the process may be repeated indefinitely. 
On one occasion in the fiftieth Congress the house re¬ 
mained in session eight days and nights, during which time 
there were over one hundred roll calls on motions of this kind. 

The Rules of the House of Representatives have evolved 
gradually out of the experience of the house during its 
long existence, and have come to be so complex and elab¬ 
orate that they are really understood by only a few of 
the members, principally those who have had long experi¬ 
ence in administering them. They have been revised from 
time to time, but except in a few particulars they are es¬ 
sentially what they were in 1880. They prescribe a certain 
order of business for each day’s work, which, however, may 
be departed from by unanimous consent of all the mem¬ 
bers or by the adoption of a “special order” reported by 
the committee on rules. 

Committee of the Whole. —Revenue and appropriation 
bills are considered by the house of representatives in com¬ 
mittee of the whole. When the house goes into committee 
of the whole, the speaker leaves the chair and calls some one 
else to preside in his place, and the presence of 100 members 
constitutes a quorum. Debate in committee of the whole 


2o8 organization AND PROCEDURE OF CONGRESS 

is conducted rather informally, and greater freedom of dis¬ 
cussion is allowed. It is when in committee of the whole 
that many of the lengthy speeches printed in the Congres¬ 
sional Record are supposed to be dehvered. In reality, 
however, only a small portion of these speeches are actually 
delivered, for members after addressing the house a few 
minutes often secure leave to print the remainder of their 
remarks. Under this leave, members frequently print long 
speeches which have little or no relation to the subject 
under consideration but are intended for campaign pur¬ 
poses or for effect upon their constituents. They are then 
franked through the mails to the voters throughout the 
district which the member represents. 

If the bill is a private bill, it is called up for consideration 
on Friday, which is private bill day. Most of the private 
bills are reported from the committees on claims and on 
pensions. Six or seven thousand such bills are passed by 
each Congress, and they constitute about nine tenths of 
the entire number enacted. 

Suspension of the Rules .—The regular order of business 
may be departed from at any time on the demand of privi¬ 
leged committees Hke those on ways and means, appropria¬ 
tions, elections, rules, and a few others which have a sort 
of right of way in the house, because of the urgent character 
of the matters with which they deal. Furthermore, by 
unanimous consent, often granted, a particular member is 
allowed to bring up a bill for consideration outside the reg¬ 
ular order. Finally, on two Mondays in every month and 
during the last six days of the session, the rules may be sus¬ 
pended by a two-thirds vote and measures to which there 
is little objection may be quickly passed and thus the busi¬ 
ness of the house expedited. 

The Speaker and the Committee on Rules.—No discus- 


THE SPEAKER AND THE COMMITTEE ON RULES 209 

sion of the procedure of the house of representatives would 
be adequate without a consideration of the part played by 
the speaker and the committee on rules in determining the 
course and character of legislation. 

Powe/s of the American Speaker .—The American speaker, 
unlike the speaker of the English House of Commons, is 
not merely the presiding officer of the house, but he is an 
active party leader who seldom hesitates to give members 
of his own party every possible advantage in the course of 
debate. His right to appoint the committees of the house 
until 1911 gave him increased power over the shaping of 
legislation, because of the fact that the legislation of the 
house has come to be legislation largely by its committees. 
He gave the members of his own party all the chairman¬ 
ships of committees, as well as a majority of the places 
on every committee, so that they easily controlled the 
work of the committees and hence of the house itself. 

Moreover, until 1910, his power of recognition, that is, 
the power to grant or withhold the right of discussion, en¬ 
abled him to a large degree to prevent consideration of 
measures to which he was opposed and to cut off debate 
by members of the minority party. 

Criticism of the Speaker .—This power of the speaker was 
the subject of increasing complaint among the members 
of the house, especially by those of the minority, who 
asserted that they were allowed little or no opportunity 
for debate. The demands for recognitions, however, were 
so numerous that the speaker could not grant all the re¬ 
quests that were made. The speaker’s denial of the right 
of debate in many cases, together with the necessity of 
going to his room in advance in order to secure a promise 
of recognition, led in 1910 to a revolt against the rules by 
a wing of the Republican party (the “insurgents”), who 
Govt. U.S.—14 


210 ORGANIZATION AND PROCEDURE OF CONGRESS 

joined with the Democrats and brought about several 
amendments to the rules, one of which is designed to do 
away with the chief source of complaint in regard to the 
power of recognition. 

Committee on Rules .—Still another source of the speaker’s 
power until 1910 was his control of the committee on rules. 
The committee consisted of five members, two from the 
majority, two from the minority, and the speaker, who 
was the fifth member. The speaker appointed his four 
associates on the committee and thereby controlled its 
decisions. If he wished at any time to have the house 
take up a bill at the bottom of the calendar instead of 
one at the top, or in any other respect depart from the 
established order of procedure, he could call the committee 
together (it was the one committee that had the right to 
meet when the house was in session) and have it report 
what was called a “special order,” to that effect—an order 
which the house usually adopted. The opposition to the 
power of this committee and more especially to its domi¬ 
nation by the speaker led in 1910 to the adoption of a rule 
depriving the speaker of membership on the committee, 
increasing its size from five to eleven, and taking the ap¬ 
pointment of the committee out of his hands. Since then 
it has been elected by the house, and is, it is asserted, a 
more representative committee. 

Caucus Methods.—It is a common practice for the 
representatives of each party to hold a caucus before the 
beginning of the debate upon an important measure, 
especially one of a political character, for the purpose of 
deciding what shall be the policy of the party toward the 
measure. Sometimes a rule is adopted by the caucus 
binding the members of the party to vote for or against 
the bill on the floor. Thus in 1913 caucuses of Demo- 


CAUCUS METHODS 


211 


cratic senators and representatives declared the tariff and 
currency bills to be party measures and pledged the mem¬ 
bers to vote for the bills without amendment. This 
practice has been criticized on the ground that where 
members have bound themselves to vote for a bill before 
it has been discussed on the floor, debate is useless since 
their minds are no longer open to argument. Perhaps a 
better procedure would be to hold the caucus after the dis¬ 
cussion has terminated but before the final vote is taken. 

Final Stages of Procedure.—The rules of the house of 
representatives restrict the time which may be occupied 
by any member in debating a measure to one hour, and 
this cannot be exceeded except by unanimous consent. If 
he chooses, he may yield a portion of his time to some other 
member. The chairman who reports the bill usually opens 
the discussion. He is followed by the ranking member 
of the minority on the committee, and these are followed 
by other members of the committee in their turn. 

The Previous Question .—After the discussion has pro¬ 
ceeded for a time, debate may be terminated and the house 
brought to a vote by means of the previous question, which 
is moved in the form, “Shall the main question now be 
put? ” When ordered by the house it ends debate and brings 
the house directly to a vote. This is an effective method 
for putting an end to useless discussion of a measure and 
taking the sense of the house on its passage. It is a common 
form of procedure in legislative bodies, though the senate, 
until 1917, had no way of limiting debate. 

Voting on Bills .—Questions on the passage of bills are 
put by the speaker as follows: “ As many as are in favor 
say aye “ As many as are opposed say no the speaker 
determining the result by the sound of the voices. If there 
is a doubt as to which side has prevailed, a “ division ” is 


212 ORGANIZATION AND PROCEDURE OF CONGRESS 

called for, in which case those in favor rise and are counted^ 
after which those who are opposed rise and are counted. 
If there is still doubt as to the result, “tellers” may be 
appointed to determine the vote, in which case those in 
favor of the measure file between the two tellers, who 
make a careful count, after which those opposed pass be¬ 
tween them and are similarly counted. If one fifth of the 
members demand that a yea and nay vote be taken, the 
clerk must call the roll and record each member’s vote, and 
the result is published in the journal so that the way in 
which a member votes may be known to his constituents 
and all others who may be interested. 

Passage hy the Second House .—When a bill is passed by 
one house, it is signed by the presiding officer, after which 
it is transmitted to the other house, where it goes through 
practically the same stages of procedure as described above. 
If the bill is passed by the other house without amendment 
it is “enrolled,” after which it is ready for the signature 
of the President. If, however, a bill as passed by one house 
is amended by the other, it is customary to appoint a con¬ 
ference committee, consisting usually of three members 
from each house, to discuss the differences and suggest a 
basis of compromise. The committee usually recommends 
that each house recede from its position on certain points, 
and the result is reported to each house, which usually 
accepts the agreement and the bill is passed. Many im¬ 
portant bills are finally passed in this way, though occa¬ 
sionally the two houses fail to reach an agreement and the 
bill fails. 

Approval of the President .—When the bill is presented to 
the President he is allowed ten days to make up his mind 
as to whether be will sign or disapprove it. If he refuses 
to sign it, he usually returns it to the house in which it 



FINAL STAGES OF PROCEDURE ^13 

originated^ wkh a statement of his objections, after which 
the house must proceed to reconsider it, and if it is passed 
by a two-thirds vote it is sent to the other chamber and if 
repassed by it by a two-thirds vote it becomes a law not¬ 
withstanding the veto of the President. But in such cases 
the yeas and nays must be entered on the journal of each 
house so that the record may show that the bill was properly 
passed. In case the President does not approve the bill 
and neglects to return it within ten days to the house in 
which it originated, it becomes law in the same manner as 
if he had signed it, unless Congress should adjourn in the 
meantime so that it cannot be returned, in Which case it 
does not become law. As a large number of bills are usually 
sent to the President during the last ten days of the session, 
an opportunity is thus afforded him for defeating bills by 
neither signing nor vetoing them. This method of defeat¬ 
ing bills is popularly described by the term “pocket veto,” 
a procedure sometimes resorted to where the President does 
not approve a bill and yet does not wish to take the re¬ 
sponsibility for positively vetoing it. 

Procedure in the Senate.—In the senate, partly by reason 
of its small size, partly by reason of its permanence, and 
partly by reason of the tradition of senatorial courtesy, 
the procedure is somewhat different from that of the house 
of representatives. For example, the senate rules are per¬ 
manent, that is, they continue from one Congress to an¬ 
other and do not have to be adopted anew every two 
years. 

The President of the Senate is little more than a moderator; 
indeed, he may belong to a different political party from 
that which is in control of the chamber—a situation that 
never happens in the house- He does not appoint the com¬ 
mittees of the senate, and so has no power of predetermin- 


214 ORGANIZATION AND PROCEDURE OF CONGRESS 

ing the character of legislation. Moreover, he has no power 
to control debate through the power of recognition. The 
traditions of the senate require that he shall recognize the 
first senator who rises to speak, and that he shall treat the 
members of both parties impartially in according recogni¬ 
tion for purposes of debate. 

Unlimited Debate .—Until 1917 one of the usages of the 
senate was the right of unfimited debate. Owing to the 
small size of the senate, much greater freedom of discussion 
is possible than in the house of representatives, where there 
are more than four times as many members. Debate can 
also be conducted with much more ease and is much more 
effective, since the size of the hall is smaller and members 
are not under the necessity of speaking at the top of their 
voices. While a member of the house can rarely get an 
opportunity to deliver a speech and then only for a few 
minutes, a senator may usually speak as long as he pleases. 
Advantage of this privilege is frequently taken by senators 
to deliver long speeches, not so much to convince their 
colleagues, as to get their views before the country at large 
or to make an impression on their constituents at home. 
Under the rules as they were before 1917, there was no limit 
to a senator’s right to debate. The privilege was made 
use of occasionally near the close of a session for “ fihbus- 
tering ” purposes. Thus a few senators with strong lungs, 
large vocabularies, and a liberal supply of documents from 
which to read, might consume the time of the senate for 
weeks and prevent it from acting on measures to which 
they were opposed. Many times in our history a single 
senator has forced the senate to abandon the consideration 
of important measures, by threatening to consume the re¬ 
maining time of the session by speech making. In the 
last days of one session of Congress, a senator from Wiscon- 


PROCEDURE IN THE SENATE 


215 

sin spoke continuously for more than seventeen hours in 
an effort to prevent action on a currency bill. Near the 
end of the 64th Congress (March, 1917) a small group of 
senators filibustered to prevent the senate from taking a 
vote on a bill to give the President authority to arm Ameri¬ 
can merchant vessels for defensive purposes, notwithstand- 
-ing the fact that nearly all the other senators desired to 
pass the bill. Shortly thereafter the senate adopted a new 
rule which makes it possible, by a two-thirds vote, to limit 
the debate on any measure to one hour for each senator. 
The rule, however, was not applied in March, 1919, when 
a filibuster by mmority senators prevented the passage of 
various important measures. 

References. — Beard, American Government and Politics, ch. xiv. 
Bryce, The American Commonwealth (abridged edition), chs. xiii-xv. 
Hart, Actual Government, ch. xiv. Harrison, This Country of 
Ours, ch. hi. Reinsch, American Legislatures and Legislative 
Methods, ch. i. 

Documentary and Illustrative Material.—i. The Congressional 
Directory. 2. The House and Senate Rules. 3. Precedents of the 
House of Representatives, published as a public document in 1909. 
4. The Congressional Record. 5. Specimen copies of bills and resolu¬ 
tions. 6. The last annual message of the President. 7. Copies of 
committee reports. 8. Veto messages of the President. 9. Diagrams 
of the house and senate chambers. 

Research Questions 

1. Why are rules of procedure necessary in legislative bodies? 

2. For what purpose does the Constitution require each house to 
keep a journal of its proceedings? 

3. Which do you think the better practice, the American rule, by 
which each house of Congress settles election contests of its own 
members, or the English rule, which places that power in the hands 
of the courts? 

4. What is the reason for allowing a small number of members oS 
each house to compel the attendance of absent members! 


2 i6 organization and procedure of congress 


5. Under what conditions may each house punish outsiders? 

6. What is your opinion of the English rule which allows forty 
members out of a total of six hundred and seventy members to con¬ 
stitute a quorum ? 

7. Why should senators and representatives be privileged from 
arrest for any but serious offenses ? 

8. What are the principal differences between the rules of pro¬ 
cedure of the senate and the house of representatives ? 

9. Do you think it would be a wise provision to permit the mem¬ 
bers of the cabinet to occupy seats in Congress without the right to 
vote? 

10. Trace a bill through Congress, showing the various stages 
through which it must pass before becoming a law. 

11. Of what committees is your representative a member? Is he 
chairman of any committee? 

12. Do you think the minority party should be given a larger repre¬ 
sentation on the committees of Congress and larger privileges of de¬ 
bate? 

13. Give the names of the five most distinguished speakers of the 
house of representatives since 1789. 

14. Why is debate more effective in the senate than in the house of 
representatives? 

15. Which of the two houses exerts the greater influence in deter¬ 
mining national legislation? Give your reasons. 

16. What are some of the so-called “usurped” powers now exer¬ 
cised by the senate ? 

17. Define the functions of the following: “floor leader,” 

whip, ” “ minority leader,” “ steering committee.” 


CHAPTER XII 


FEDERAL FINANCE, TAXATION, AND MONEY 

The National Taxing Power.—The lack of the power of 
Congress to levy taxes was, as we have seen, one of the chief 
weaknesses of the Articles of Confederation, voluntary 
contributions by the states being the chief source of revenue 
for the national government. When, therefore, the framers 
of the Constitution came to deal with this subject, they 
wisely provided that Congress should have power to levy 
and collect its own revenues. The power conferred is al¬ 
most absolute, the only limitations being that no duties 
shall be levied upon exports; that excises and duties levied 
on imports shall be uniform throughout the United States, 
that is, they shall be the same in amount on a given article 
everywhere; and that where direct taxes (except income 
taxes) are levied, they shall be apportioned among the 
states on the basis of population. 

Forms of Federal Taxes.—The two general forms of 
taxes recognized by the Constitution are direct and in¬ 
direct taxes. The only direct taxes, in the sense of the 
Constitution of the United States, are poll taxes, and 
taxes on real or personal property, all of which are required 
to be apportioned among the states on the basis of popu¬ 
lation, whenever they are levied. 

On account of the obvious injustice of levying a tax on 
217 


2i8 federal finance, taxation, and money 

the states on the basis of population, inasmuch as there 
might easily be twice as much property in one state as 
in another having the same population, this method has 
fallen into general disuse. Indeed, it has been resorted to 
by Congress only five times in our history, and then only 
for very short periods in each case. It does not seem likely 
that this method of federal taxation will ever again be 
resorted to. 

Since the Civil War the two principal sources of federal 
revenue have been duties on imports, and internal revenue, 
or excise taxes, on certain articles produced in this country. 

Customs Duties .—Specific and Ad Valorem .—Customs 
duties are taxes levied on articles imported into the United 
States from abroad. They are of two kinds, specific and 
ad valorem. Specific duties are those levied on the articles 
according to their weight or measurement without regard 
to their value. Thus a duty of one and a half cents a pound 
on imported tin plate, or one dollar a barrel on beer, or 
ten cents a yard on silk would be specific. An ad valorem 
tax is one levied with reference to the value of the article. 
Thus a duty of 50 per cent on the value of imported woolen 
goods is an example of an ad valorem duty. Sometimes 
both forms of duty are levied on the same article. 

In favor of the specific duty is the ease of collection, since 
the article has only to be weighed or measured and then 
assessed. But it is often inadequate, since one yard of cloth 
or one gallon of wine may be many times more valuable 
than another, and so with many other articles. One practi¬ 
cal objection to the ad valorem method is the opportunity 
which is afforded for fraud in the matter of valuation, since 
in many cases it is difficult to ascertain the real value of the 
article taxed. 

The Protective Tariff .—From the beginning of our exist- 


CUSTOMS DUTIES 


219 


ence as a nation, reliance upon customs duties as the chief 
source of revenue has been a part of our established policy. 
In 1917 the receipts from this source were $225,962,393; 
and in many recent years they were nearly half of the en¬ 
tire ordinary income of the national government. Great 
diversity of opinion, however, has existed in regard to what 
articles should be taxed and the amount that should be 
imposed. The Republican party has always insisted upon 
a tariff not only for revenue but also for protection to 
American industries and American labor against the cheap 
labor of the Old World. The Democratic party, on the 
other hand, has generally opposed the protective feature 
and insisted upon a tariff primarily for revenue.^ 

The Preparation of a Tariff Bill devolves upon the ways 
and means committee of the house of representatives, where 
all revenue bills must originate.^ In 1916 Congress pro¬ 
vided for the creation of a bi-partisan Tariff Commission 
to investigate the operation of tariff laws and to make 
reports with a view to furnishing Congress with information 
for its guidance in the preparation of tariff bills. 

The Maximum and Minimum Principle .—In 1909 Con¬ 
gress adopted for the first time the maximum and minimum 
principle of fixing tariff rates. The law provided for a 
maximum and a minimum rate on many articles and au¬ 
thorized the President to apply the minimum rate to goods 
imported from countries which extend the same concession 

1 But in 1916 a Democratic Congress laid a protective tariff on 
imported dyestuffs to encourage a home industry. 

2 The senate, however, has the right to propose amendments. 
Thus the tariff bill of 1894 was amended by the senate in nearly a 
thousand particulars. Again, the tariff bill of 1909 was so altered by 
the senate that it was in many respects a new bill, and the differences 
between the two houses were settled by a conference committee. 


2 20 FEDERAL FINANCE, TAXATION, AND MONEY 

to articles imported by their citizens from the United States, 
and to apply the maximum rate to others. This provision, 
however, was not retained in the tariff act of 1913. 

Reciprocity Treaties .—At various times in the past, reci¬ 
procity treaties have been negotiated with foreign coun¬ 
tries by which it was provided that lower rates should be 
levied on articles imported from such countries in return 
for reciprocal concessions of a similar kind from them; or 
that there should be free admission of articles by one coun¬ 
try from the other. 

Collection of Customs Duties.—The collection of the 
customs duties is part of the work of the treasury depart¬ 
ment. The country is divided into collection districts, in 
each of which there are one or more ports of entry and 
customhouses at which all imported goods must be landed. 
In each district there are a collector and a corps of ap¬ 
praisers, weighers, gaugers, surveyors, and the like. 

By far the most important port of entry in the Unked 
States is the city of New York, where the aggregate re¬ 
ceipts amount to about two thirds of the total receipts 
from customs duties in the United States. Until recently 
a number of the collection districts, however, were un¬ 
important, and in a few the expenses of administration 
exceeded the receipts. Thus the receipts of the George¬ 
town (S. C.) district in 1910 were only $49.38, while the 
expenses were $265; the receipts of the Rock Island (Ill.) 
district were $51.79 and the expenses $660; the receipts 
of the Saco (Me.) district were $9.08 and the expenses 
$753-92- In pursuance of an act of Congress, passed in 
1912, the President has recently abolished or consolidated 
many of these districts, so that the number is now only 49, 
whereas formerly it was 126. For a long time the sec¬ 
retary of the treasury had urged Congress to authorize 


COLLECTION OF CUSTOMS DUTIES 


221 


this reform, mainly in the interest of economy, but it 
acted tardily. 

When goods are purchased abroad to be imported into 
the United States, the importer files with the United States 
consul at the foreign port from which they are to be exported 
an invoice containing a list of the goods and a statement 
of their value at the place where manufactured or pro¬ 
duced. The consul certifies to the correctness of the in¬ 
voice and sends a copy to the collector of the port at which 
the goods are to be landed. 

Appraisals .—Upon arrival in the United States, the 
cargo is examined by the customs officers to see that it 
corresponds with the description contained in the invoice. 
If it is found that the goods are undervalued the value 
will be raised by the appraiser. If there is evidence of 
fraud, the goods will be confiscated or a heavy fine imposed 
on the importer.^ 

There is a general board of appraisers to which appeals 
may be taken by the importer on questions of valuation, 
and recently there has been created a United States court of 
customs appeals for the determination of various questions 
arising in the administration of the tariff laws. 

Internal Revenue Taxes.—The second important source 
of federal income is excise taxes, or what are popularly 
known as internal revenue duties, that is, taxes on com¬ 
modities produced in the United States. 

The Receipts from internal revenue taxes as compared 

1 If the importer for any reason does not desire to remove his goods 
immediately and pay the duty thereon, he may store them in a govern¬ 
ment warehouse by giving a bond for double the amount of their 
value. He may then withdraw them at any time within a year upon 
the payment of the duties. If they are reexported the payment of 
duties is not required. 


222 FEDERAL FINANCE, TAXATION, AND MONEY 

with those from customs duties were inconsiderable before 
the Civil War. In 1862, however, Congress passed a com¬ 
prehensive internal revenue law which increased the tax 
on liquors and levied a tax on tobacco, besides license taxes 
on various trades and occupations. So many articles were 
taxed that the revenue from this source in 1866 amounted 
to more than $309,000,000, the largest sum collected in one 
year from internal revenue taxes until 1915. The following 
table shows the principal internal revenue taxes received 
during the fiscal year ending June 30, 1917 : 


Distilled spirits. $187,288,082 

Manufactured tobacco. 102,230,205 

Fermented liquors. 91,094,677 

Special taxes (bankers, brokers, etc.) . . . 23,371,310 

Stamps, perfumeries, cosmetics, etc. 8,925,000 

Oleomargarine. 1,202,881 

Munition manufacturers tax. 27,663,939 

Estate inheritance tax. 6,076,575 


In 1917, in consequence of the war, the rates of the 
above taxes were increased and a large number of new 
taxes were levied. Among them were taxes on freight and 
passenger transportation, express charges, telegrams, insur¬ 
ance policies, theater tickets, automobiles and many other 
articles, and a great variety of business transactions, such 
as stock transfers, bond issues, etc. 

Collection of Internal Revenue Taxes.—For conven¬ 
ience in collecting internal revenue taxes, the country is 
divided into some sixty districts, not by act of Congress as 
is the case with customs districts, but by the order of the 
President. Sometimes several states are grouped into one 
district; sometimes a state is divided into several districts. 
Thus there are four districts in Illinois, six in New York, and 
five in Kentucky. In each district there is a collector who 









COLLECTION OF INTERNAL REVENUE TAXES 


223 

acts under the supervision of the United States Internal 
Revenue Commissioner. The collection of internal revenue 
taxes is a much more simple task than the collection of cus¬ 
toms duties, and is done for the most part by the sale of 
stamps to the manufacturer, who is required to affix them on 
the articles taxed. In assessing the tax on most articles their 
value is not taken into consideration, and hence there is less 
opportunity for arbitrary action on the part of the govern¬ 
ment officials and of course less likelihood of controversy, 
than is the case with the administration of the customs laws. 
As a large proportion of internal revenue taxes are paid 
by the manufacturers of liquor, distilleries and breweries 
are kept under the close surveillance of the government to 
avoid the perpetration of frauds on the revenue laws. 

Other Sources of Federal Revenue.—Besides the receipts 
obtained from tariff duties and internal revenue taxes, 
there are a number of other less important sources of reve¬ 
nue such as those from the sale of public land, the tax on 
national banks, fines and penalties for violations of the 
laws of the United States, profits on coinage, naturalization, 
immigration, patent office and other fees, etc. 

Income Taxes .—In 1862, Congress levied for the first 
time a tax on incomes, the rate varying from five to ten 
per cent according to the amount of the income, all incomes 
below $600 being exempt from the tax. In 1872, the law 
was repealed; but a demand for reviving this method of 
taxation gradually increased, and it came to be a standing- 
part of the national platform of the Democratic party. 
Accordingly when the Democrats got control of Congress 
in 1894, they enacted a law providing that all incomes in 
excess of $4,000 a year should be taxed at the rate of two 
per cent on the amount in excess of that figure. Shortly 
after the law went into effect, however, the Supreme Court, 


2 24 FEDERAL FINANCE, TAXATION, AND MONEY 

overruling its former decisions, decided, by a vote of fiw:^ 
to four, that the tax was unconstitutional, on the ground 
that it was a direct tax not apportioned among the states 
according to their populations. Sentiment in favor of such 
a tax, however, steadily grew, and in 1913 the constitutional 
impediment was removed by the sixteenth amendment. 

Later in the year Congress levied an income tax, in con¬ 
nection with an act to reduce tariff duties. The tax on 
individual incomes has been changed several times in recent 
years. In 1918 incomes of $1000 (or $2000 in the case of 
husband and wife) were exempt; incomes in excess of this 
amount were taxed at varying rates. Thus for the year 
1918 the tax of a married man with no children amounted 
to 3.6 per cent on a net income of $5000; but to 70.3 per 
cent on a net income of $1,000,000. 

The Corporation Tax .—Congress in 1909 passed a law 
imposing a tax on corporations, joint-stock companies, and 
associations, to the extent of one per cent on the net income 
of each in excess of $5000 a year. In 1913 the entire net 
income of corporations was made liable to the tax. Later 
the tax was increased, and heavy taxes were levied on 
profits in excess of those earned in 1911-1913.^ 

Inheritance Taxes .—During the Civil War and the war 
with Spain, Congress levied a tax on inheritances, but soon 
repealed it. In 1916 a new graduated tax of from, one to 
ten per cent was levied on estates left by persons dying, in 
excess of $50,000. In 1917 the rate was increased. 

Deposit of United States Funds.—The taxes collected 
by the national government, together with its other funds, 
are kept partly in the treasury, partly in the federal 
reserve banks, and partly in the nine sub-treasuries 

^ The receipts from the income tax on individuals and on corpora.- 
tions in 1917 amounted to about $360,000,000. 


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DEPOSIT OF UNITED STATES FUNDS 


225 

located at Baltimore, Boston, Chicago, Cincinnati, New 
Orleans, New York, Philadelphia, St. Louis, and San 
Francisco. In addition the secretary of the treasury is 
authorized to designate national banks as depositories 
and to deposit certain of the funds therein. In times 
of financial stringency or threatened crises, this authority 
may be used by the secretary to relieve the money market, 
by distributing the public funds among the government 
depositories in the important money centers. ' 

Federal Appropriations and Expenditures.—Having stud¬ 
ied the sources of federal revenues, we come now to the 
subject of expenditures. Revenue bills are prepared, as 
we have seen, by the ways and means committee of the 
house of representatives. Earlier in our history, the appro¬ 
priations of Congress were embodied in a single bill prepared 
by the committee on appropriations, but as the operations 
of the government expanded and the expenditures increased, 
the appropriations came to be embodied in a number of 
bills, sixteen at present, prepared by eight different com¬ 
mittees. The committee on appropriations prepares the 
legislative, executive, and judicial appropriation bill, the 
sundry civil bill, and a half dozen others. The agricultural 
bill is prepared by the agricultural committee, the army bill 
by the committee on military affairs, the naval bill by the 
naval committee, the diplomatic and consular bill by the 
committee on foreign affairs, the post office bill by the 
committee on post offices and post roads, and the Indian 
bill by the committee on Indian affairs. 

The growth of national expenditures has been rapid. 
The appropriations for 1916 reached the unprecedented 
amount of $1,637,583,682; the war appropriations of 
1917 reached the staggering total of $21,000,000,000. 

The National Debt.—Whenever the revenues of the 
Govt. U. S. — 1$ 


226 • FEDERAL FINANCE, TAXATION, AND MONEY 

government are insufficient to pay its expenses recourse 
must be had to increased taxes or loans. In time of peace 
the ordinary revenues ought to be sufficient to meet ex¬ 
penses, but when extraordinary expenses must be incurred 
as is the case when war breaks out, or foreign terri¬ 
tory is purchased, nr some great public work is to be 
constructed such as the digging of the Panama Canal, the 
government must have recourse to the borrowing power. 
The Constitution of the United States expressly confers 
upon Congress the power to borrow money on the credit 
of the United States, and no limitations whatever are placed 
on the exercise of the power, such as are generally imposed 
on state legislatures by the state constitutions. 

United States Bonds .—The usual mode by which the 
government borrows money is by the issue of its bonds, 
obligations similar in most respects to promissory notes 
made by individuals. A government bond is simply a 
promise to pay a certain sum at a particular time and with 
interest at a certain rate. The bonds issued by the United 
States government are of two kinds: “registered” and “cou¬ 
pon” bonds. A registered bond is made out to the person 
who purchases it; a record is kept of it at the treasury de¬ 
partment, and when it is transferred to another person the 
record must be changed so as to show the new owner. 

The advantage of such a bond is that if it is accidentally 
destroyed or lost the owner suffers no loss. The chief dis¬ 
advantage is the difficulty in transferring it. A coupon 
bond is one which has interest coupons attached to it, 
which may be clipped off and presented to the treasury for 
payment as the interest becomes due. The government 
keeps no record of the owner and it may be transferred 
as any other personal property. If a coupon bond is lost 
or destroyed, however, the owner cannot collect the amount 


THE NATIONAL DELI’ 


227 


of the bond. United States bonds are issued in various 
denominations and for periods of time which vary widely. 
Usually bonds are sold to the highest bidder, but occa¬ 
sionally they are disposed of by negotiation with capitalists 
on the best terms that can be secured. During President 
Cleveland’s administration $262,000,000 of bonds were 
sold to New York capitalists in this way. 

Rate of Interest .—The rate of interest which United States 
bonds pay has varied from time to time. The Revolu¬ 
tionary War debt bore six per cent, and so did most of the 
civil war bonds. After the Civil War, however, the rate 
at which the government was able to borrow steadily de¬ 
clined, largely because of the desire of national banks to 
secure United States bonds (page 232). The rate of in¬ 
terest on bonds now outstanding ranges from two to five 
per cent. 

Growth of the National Debt .—When the Constitution 
went into effect, the national debt, including the war debts 
of the states which were assumed by the national govern¬ 
ment, amounted to about $127,000,000; but by 1836 the 
debt was extinguished and there was a surplus in the 
treasury which was distributed among the states. The 
enormous expenses of the Civil War, however, had to be 
met largely by loans, and at the close of the conflict (1866) 
the interest-bearing debt was more than $2,000,000,000. 
During the next twenty years the debt was reduced to 
about $600,000,000, but this amount was increased between 
1895 and 1899 to about $945,000,000 on account of bond 
issues to replenish the gold reserve and to meet a portion 
of the expenses of the war with Spain. On June 30, 1915, 
the interest-bearing debt stood at $969,759,090. In 1917-18 
four bond issues aggregating $16,000,000,000 were made on 
account of the war with Germany. 


228 FEDERAL FINANCE, TAXATION, AND MONEY 

In addition there is also a non-interest-bearing debt of 
$368,729,529, of which $346,681,016 consists of treasury 
notes issued during the Civil War, and popularly known as 
“ greenbacks ” from their color. The national debt of the 
United States at the end of 1918 amounted to about 
$17,000,000,000. The total debt of England is now about 
$34,000,000,000, that of France about $30,000,000,000, 
and that of Germany over $30,000,000,000. 

The Monetary System.—The coining of money is now 
regarded everywhere as a proper if not a necessary function 
of government. Under the Articles of Confederation, this 
power was possessed by the states as well as by Congress, 
though in fact it was exercised by neither. The framers of 
the Constitution decided that the most effective way of se¬ 
curing a uniform system of money would be to place the 
whole matter under the control of the national govern¬ 
ment, and so Congress alone was given the power of 
coinage. At the same time, remembering how the states 
had before 1789 flooded the country with paper money 
which in some instances had become worthless, the framers 
of the Constitution wisely decided to prohibit them from 
issuing bills of credit, that is, paper designed to circulate 
as money. Likewise they were forbidden to make any¬ 
thing but gold and silver coin a legal tender in the pay¬ 
ment of debts. 

The Acts of lygz and 18J4 .—As soon as the new govern¬ 
ment under the Constitution had gone into operation, steps 
were taken to provide a system of metallic currency. In 
1792, an act was passed providing for the establishment 
of a mint at Philadelphia and for the striking of both gold 
and silver coins. ^ The gold coins were to be the double 

^ Later mints were established at Denver, San Francisco, and New 
Orleans. Assay offices for refining and determining the purity of 


THE MONETARY SYSTEM 


22q 

eagle, the eagle, the half eagle, and the quarter eagle; the 
silver coins were to be the dollar, the half dollar, the quarter, 
the dime, and the half dime.^ As the market value of a 
given quantity of gold bullion was then about fifteen times 
that of silver, the weight of the silver coins was made fifteen 
times that of the corresponding gold coins. But as the value 
of gold bullion presently began to increase in comparison 
with silver, it was necessary to readjust the ratio so as to 
keep both in circulation, and so in 1834 the weight of gold 
coins was reduced and the ratio made sixteen to one. 

Demonetization of the Silver Dollar .—But soon the in¬ 
crease in the supply of gold again disturbed the ratio, mak¬ 
ing the silver coins worth more as metal than as money; 
and as the difficulty of keeping up the adjustment seemed 
insuperable. Congress decided to abandon the attempt and 
so in 1873 the silver dollar was practically “demonetized,” 
that is, was dropped from the fist of coins, and other silver 
coins were made subsidiary, that is, their weight was de¬ 
creased so that the metal in them was worth less than their 
face value, and they were made legal tender for small sums 
only.^ 

Later Acts .—The opposition to the demonetization of the 
silver dollar, however, became so great that it was restored 

bullion have been established at New York, St. Louis, Deadwood, 
Helena, Boise, Carson City, Salt Lake, Seattle, and Charlotte, North 
Carolina. To give strength and hardness to gold and silver coins an 
alloy of copper equal to one tenth of their weight is added. 

1 In addition to the gold and silver coins mentioned above are 
the five cent piece (nickel) and the one cent piece (copper). 

^ At the present time all gold coins and the silver dollar are legal 
tender for all sums. The smaller coins, however, are legal tender iot 
small sums only, the amount ranging from twenty-five cents in the 
case of the nickel and copper pieces to $10 in the case of the silvei 
coins. 


230 FEDERAL FINANCE, TAXATION, AND MONEY 

by the act of 1878 and made full legal tender. But the free 
coinage of silver was not restored; the act required the 
government to purchase and coin not less than $2,000,000 
nor more than $4,000,000 worth of silver bullion per month. 
In the mean time the market value of silver had declined 
until the amount of silver in a silver dollar was worth less 
than eighty cents in gold, and it was believed that the act 
of 1878 by increasing the demand for silver would restore 
its market value. This, however, did not happen, and the 
market value of silver went on decreasing until at one time 
the amount of silver in a dollar was worth only about forty- 
six cents in gold. In 1890 Congress increased the use of 
silver by requiring the secretary of the treasury to purchase 
monthly four and one half million ounces of silver and pay 
for it with treasury notes which were redeemable in coin at 
the option of the secretary and which were to be canceled 
or destroyed when so redeemed. This act was repealed in 
1893, since which date the government has purchased very 
little silver bullion for coinage purposes. 

Free Coinage.—In determining its coinage policy, the 
government might follow either of two methods: (i) It might 
coin any and all bullion presented by its owners at the 
mints, or (2) it might purchase its own bullion and coin 
only so much as the necessities of trade or other considera¬ 
tions might require. The former policy is that of free 
coinage; it is also unlimited coinage since it involves the 
coinage of all bullion offered, without limit. From the very 
first, the practice of the government in regard to gold has 
been that of free and unlimited coinage; that is, any owner 
of gold bullion may take it to a mint and have it coined 
without charge except for the cost of the alloy. Prior to 
1873, the same policy was followed in regard to silver, thus 
maintaining in theory at least a bimetallic or double stand- 


FREE COINAGE 


231 

ard. In 1873, however, Congress abandoned the policy 
of free coinage of silver and adopted the single gold stand¬ 
ard. From then until now the government has coined no 
silver bullion for private owners. 

Paper Currency.—In addition to the metallic money 
described above there is a vast amount of paper currency 
in the United States. This currency may be classified 
under five different heads. 

Greenbacks. —First, there are the $346,681,016 of old 
United States notes or greenbacks,” already described. 
They were issued during the Civil War, they bear no in¬ 
terest, and are redeemable in coin upon the demand of 
the holder. Since 1878 the practice of the government has 
been not to retire them as they are redeemed but to reissue 
them and keep them in circulation. 

Gold and Silver Certificates. —Second, there is a large 
amount of currency in the form of gold and silver certifi- 
t cates. The law under which such currency is issued pro¬ 
vides that any owner of gold or silver coin may deposit it 
in the treasury and receive in exchange an equivalent 
amount of certificates. They are more convenient to 
handle than coin, and are equally valuable for paying 
debts and purchasing commodities. On the ist of Febru¬ 
ary, 1916, the amount of gold certificates in circulation 
was $1,315,723,186; the amount of silver certificates, 
$480,719,356. These two forms of currency constitute 
nearly half of our entire stock of money in circulation. 

Sherman Treasury Notes .—A third form of paper money 
is the so-called Sherman treasury notes issued in pursuance 
of the act of 1890 already described. On February i, 1916, 
there were $2,158,852 of them in circulation. The law 
declares that they shall be redeemed in coin, that is, either 
gold or silver, at the option of the government. To prevent 


232 FEDERAL FINANCE, TAXATION, AND MONEY 

the threatened depletion of the gold reserve ^ and provide 
the necessary gold with which to redeem the increasing 
issues of Sherman treasury notes, bond issues aggregating 
$262,000,000 were issued during the years 1894 and 1895. 
By the act of 1900 the policy of maintaining a single gold 
standard was definitely adopted by Congress, and it was 
provided that greenback notes, Sherman treasury notes, 
and other securities of the government should be redeem¬ 
able in gold. 

National Bank Notes ,—^The fourth class of paper money 
is national bank currency. A national bank, unlike other 
banks, not only receives deposits and makes loans and per¬ 
forms the other functions of banks, but also issues notes 
which circulate as money. There are about 7,600 national 
banks in the United States, with an aggregate capital of 
more than $1,000,000,000 and with a total circulation of 
$735,000,000 of notes outstanding (February i, 1916). 
Next to gold and silver certificates this constitutes the 
largest amount of paper money in existence. 

Federal Reserve Notes .—The federal reserve banks, es¬ 
tablished under the act of 1913, not only receive deposits 
and make loans to other banks, but also have power to 
issue federal reserve notes which circulate as money. The 
amount in circulation February i, 1916, was $205,329,670. 

The total amount of money of all kinds in circulation on 
that date amounted to $3,933,678,877, or a per capita 
circulation of about $38. 

The National Bank System.—Any number of persons, 
not less than five, may organize a national bank, the amount 
of capital required depending upon the population of the 

^ The gold reserve is a sum of money set aside for the purpose of 
redeeming the old “ greenbacks ” or United States notes. An effort 
has always been made to keep the amount above $100,000,000. 


THE NATIONAL BANK SYSTEM 


233 

town or city where the bank is located. Prior to 1914 the 
organizers were obliged to purchase and deposit with the 
government, bonds of the United States equal to one fourth 
of the capital of the bank; now they may do so if they 
wish. The comptroller of the currency then delivers to the 
bank notes equal in amount to the par value of the bonds 
deposited. These notes when properly signed by the 
president and cashier of the bank may then be loaned by 
the bank or otherwise issued as currency, for though not 
a legal tender they are commonly used as money. It must 
also be remembered that the United States bonds deposited 
with the government remain the property of the bank and 
it receives the interest on them just as any other owner 
would. 

Advantages of National Bank Currency .—If a national 
bank fails, depositors may lose their money just as de¬ 
positors of money in other banks may, but the holder of a 
national bank note does not, for whenever a bank is unable 
to redeem its notes, the comptroller of the currency may 
sell the bonds which it has on deposit with him, and with 
the proceeds redeem its notes. Hence a bank note is as safe 
as any other form of currency. Moreover, national banks 
are subject to frequent and careful examination by gov¬ 
ernment examiners, and failures among them occur with 
less frequency than among other banks. 

Federal Reserve Banks.—By an important act passed in 
1913 Congress provided for the creation of a series of federal 
reserve banks to be located in different parts of the country. 
The committee intrusted with the matter divided the United 
States into twelve districts, each of which is to have one 
federal reserve bank, located respectively in the following 
cities: Boston, New York, Philadelphia, Cleveland, Rich¬ 
mond, Atlanta, Chicago, St. Louis, Minneapolis, Kansas 


234 FEDERAL FINANCE, TAXATION, AND MONEY 

City, Dallas, and San Francisco. In each district the na¬ 
tional banks are required to become members of the federal 
reserve association, and to subscribe for its stock. Other 
banks may do so, by conforming to certain requirements. 

Federal reserve banks are under the supervision and con¬ 
trol of a federal reserve board consisting of the secretary 
of the treasury, the comptroller of the currency, and five 
other members appointed by the President. The federal 
reserve notes which they issue are guaranteed by the 
United States government, and are secured by commercial 
paper—notes and drafts—deposited in the treasury. It is 
expected that these banks will provide a more adequate 
supply of money and credit when the need is greatest, 
as during the crop-moving season, and at the same time 
give greater stability to the business of banking. 

Federal Land Banks.—In 1916 Congress passed the 
so-called rural credits law, which provides for the organiza¬ 
tion of a series of banks for lending money to farmers at 
low rates of interest and for long periods of time. Such 
banks are under the supervision of the federal farm loan 
board consisting of the secretary of the treasury and four 
other members. 

References.— Andrews, Manual of the Constitution, pp. 81-89, 
104-118. Beard, American Government and Politics, ch. xviii. 
Bryce, The American Commonwealth (abridged edition), ch. xvi. 
Harrison, This Country of Ours, pp. 58-65. Hart, Actual Govern¬ 
ment, chs. xxi-xxii. Hinsdale, American Government, secs. 341- 
373. Laughlin, Elements of Political Economy, chs. xxv-xxvii. 

Illustrative Material.—i. Copy of the present tariff law. 2. Speci¬ 
mens of various kinds of money in circulation. 3. Copy of the last 
annual report of the Secretary of the Treasury. 

Research Questions 

I. What were the sources of national revenue during the period 
of the Confederation? 


RESEARCH QUESTIONS 235 

2. Why has the imposition of direct taxes on the states not been 
resorted to with more frequency? 

3. What is your opinion of the law levying taxes on incomes? 

4. What is the amount paid by your state in internal revenue 
taxes ? How many internal revenue districts are in your state ? 

5. Are there any ports of “entry” or “delivery” in your state? 
Any customhouses? If so, what is the amount collected by each? 
(See report of the secretary of the treasury.) 

6. Can you give the names of some articles now on the “ free list ” ? 
Mention some articles on which, in your judgment, the tariff rate is 
too high. Mention some articles on which the tariff is levied accord¬ 
ing to the ad valorem method; the specific method; both methods 
combined. (See copy of the tariff law.) 

7. With what countries do we have reciprocity commercial trea¬ 
ties? In brief, what are the provisions of those treaties? 

8. Why is an internal revenue tax imposed on such articles as 
oleomargarine, filled cheese, and mixed flour? 

9. What is the present rate on tobacco, cigars, distilled spirits, 
and fermented spirits ? 

10. What was the total amount of the appropriations of Congress 
at the last session? What were the largest items of expenditure? 

11. What is the present mint ratio between gold and silver? the 
market ratio ? What is the actual weight of a silver dollar ? What is 
Gresham’s law of coinage ? 

12. Which countries have a bimetallic monetary system? Which 
a single silver standard? Which a single gold standard? What are 
the arguments for and against free coinage of silver ? 

13. What would be the result of opening the mints to the free 
and unlimited coinage of silver ? 

14. Name the different kinds of paper money. 

15. What was the amount of the interest-bearing debt according 
to the last report of the secretary of the treasury ? 

16. What do you understand by the terms “legal tender”? “fiat 
money”? “seigniorage”? “suspension of specie payments”? 

17. What is the penalty for counterfeiting the currency of the 
United States? 

[Answers to many of these questions may be found in the report of 
the secretary of the treasury which may be obtained gratis from the 
secretary.] 


CHAPTER XIII 


THE REGULATION OF COMMERCE 

The Power to Regulate Commerce.—Under the Articles 
of Confederation, as we have seen, Congress possessed no 
power to regulate commerce among the states or with 
foreign nations. That power remained entirely with the 
states. Each state accordingly made such regulations as 
it saw fit, without regard to the general welfare. It was this 
want of commercial power on the part of Congress that 
contributed as much as anything else perhaps to the down¬ 
fall of the Confederation. The Constitution as finally 
adopted gave Congress the exclusive power to regulate 
commerce among the states, with foreign countries, and 
with the Indian tribes, which were then treated somewhat 
as foreign nations for certain purposes. The only limitations 
placed on the power of Congress in this respect were that 
no duty should be levied on goods exported from any state; 
that no preference should be given by any regulation of 
commerce or revenue to the ports of one state over those 
of another; and that no vessels bound to or from one state 
should be obliged to enter, clear, or pay duties in another. 

Regulation of Foreign Commerce. In pursuance of the 
power to regulate commerce with foreign nations Congress 
has enacted a large amount of legislation relating to tonnage 
duties, duties on imports, quarantine, immigration, the 
importation of adulterated foods, wines, teas, and othei 
2^0 


REGULATION OF FOREIGN COMMERCE 237 

food products, the conduct of navigation, the construction 
and inspection of ships carrying passengers, pilotage, clear¬ 
ances, the protection of shipping, the rights of teamen, the 
registration and insurance of vessels, life-saving appli¬ 
ances, the use of wireless telegraph apparatus, and the 
like. It was also in pursuance of this power that the 
Embargo Act was passed in 1807 and the Nonintercourse 
Act in 1809—both of which were in effect prohibitions 
rather than regulations of commerce. 

The Navigation Laws prescribe with great detail how 
vessels registered under the American flag shall be con¬ 
structed and equipped for the comfort and safety of their 
crews and passengers; how they shall be inspected; rules 
that shall be observed to avoid collisions, how signals shall 
be displayed, etc.; the forms of papers vessels must carry; 
how the wages of seamen shall be paid, the nature of their 
contracts, etc. 

The Tonnage Laws prescribe the rate of tonnage duties 
that shall be levied on vessels entering American ports. 
Tonnage duties, as the name indicates, are a form of taxa¬ 
tion calculated on the basis of the tonnage admeasurement 
of the vessel; they are levied on American as well as 
foreign ships, though the rate is higher on the latter than 
on the former. Sometimes they have been higher on the 
vessels of some foreign countries than on those of others, 
in which case they are known as discriminating tonnage 
duties. Such discriminating duties are employed for the 
purpose of favoring the commerce of those nations which 
extend us commercial privileges and for shutting out or 
restricting that of nations which discriminate against our 
trade. In pursuance of the power to regulate foreign com¬ 
merce, Congress prohibits foreign vessels from engaging in 
the coasting trade, and permits only citizens of the United 


238 THE REGULATION OF COMMERCE 

States to serve as masters on vessels registered under the 
American flag. Formerly only American-built vessels 
could be r?;gistered, but in 1914, after the outbreak of 
the great war in Europe, .Congress passed an act allow¬ 
ing ships built in foreign yards, when owned by American 
citizens, to be registered under the American flag; and more 
than 100 such vessels have been so registered. 

Immigration .—By virtue of the commerce power Con¬ 
gress has enacted a series of immigration laws imposing 
restrictions on the coming of immigrants to our shores. 
For a long time immigration from Europe was encouraged 
rather than restricted, but within recent years so many 
undesirable persons have found their way to America that 
Congress has been led to pass various laws designed to shut 
out the worst of them and admit only the desirable ones.^ 

First of all, the immigration laws exclude convicts, insane 
persons, paupers and those likely to become paupers, per¬ 
sons suffering with dangerous, loathsome, and contagious 
diseases; epileptics,' persons afflicted with tuberculosis, 
idiots, feeble-minded persons, polygamists, anarchists, 
immoral persons, and others of this character. 

In the second place, what are known as alien contract 
laborers are prohibited from entering the United States, 
that is, persons who come under contract already entered 
into, to perform labor, whether skilled or unskilled. The 
law excluding this class was enacted in obedience to the 
demands of the ufiion laborers of the United States, who 
did not wish to be subjected to competition with foreign 

^ According to the report of the commissioner general of immigra¬ 
tion, 1,218,480 immigrants arrived in the United States during the 
year 1914. Of those who applied for admission into the country, 
more than 33,000 were turned back, In 1916 the number of arrivals 
dropped to 366,748. 


REGULATION OF FOREIGN COMMERCE 


239 

laborers specially imported for the purpose. Certain classes 
of persons, however, such as actors, teachers, lecturers, and 
members of other professions, are exempted from the opera¬ 
tion of the law, and so are skilled laborers if domestic la¬ 
borers of hke kind are not available in the United States. 

A third group of excluded classes are Chinese laborers, 
the immigration of whom was first prohibited by an act 
of Congress passed in 1882. The law also provides for the 
deportation of Chinese found here in violation of the law. 

A law of 1916 provides, with certain exceptions, that no 
alien shall be admitted unless he can read English or some 
other language or dialect. 

There is now a head tax of eight dollars levied upon 
every immigrant who is admitted. Persons whose steam¬ 
ship passage has been paid by others or who have been 
otherwise assisted to come are not allowed to enter. When 
an immigrant has been denied admission by the commis¬ 
sioner of immigration at the port at which he has landed, 
he may take an appeal to a special board of inquiry. If 
the decision of this board is against him he may appeal 
to the United States commissioner general of immigration, 
and finally to the secretary of the department of labor. 
If the final decision is against him, the steamship on which 
he sailed is required at its own expense to transport him 
to the port from which he sailed. 

Quarantine .—In pursuance of the power to regulate for¬ 
eign commerce. Congress has enacted a volume of legis¬ 
lation in regard to quarantine and medical inspection of 
ships and their passengers coming from foreign ports. In 
most instances inspections are made by the United States 
consul at the port from which the vessel sails, and a bill 
of health is furnished the master of the vessel, but in some 
Asiatic and South American ports regular medical in- 


240 THE REGULATION OF COMMERCE 

spectors are stationed. At various ports along the coast, 
national quarantine stations have been established at 
which inspections of incoming vessels are made and at 
which they may be detained if found to have on board 
persons suffering from dangerous contagious diseases. 

Pure Food .—Congress has also provided for the inspec¬ 
tion of foods imported from abroad. Whenever a vessel is 
found to have on board impure or adulterated foods, wines, 
or teas, it is forbidden to land the cargo or is allowed to land 
it only after certain conditions are complied with such as 
the change of labels to correspond with the actual contents 
of packages. In this way an attempt is made to protect the 
American consumer against impure and unwholesome food 
products shipped here from foreign ports. 

Interstate Commerce has been interpreted to include 
the carriage of passengers from one state to another; the 
transportation of commodities of whatsoever character, 
including lottery tickets, obscene literature, and any other 
objects which may be the subject of transportation; and 
the transmission of ideas or information by telegraph or 
telephone from a point in one state to a point in another. 
In short, interstate commerce means not only transporta¬ 
tion and traffic in articles but intercourse and communica¬ 
tion by the modem devices for transmitting thought; and 
the power to prescribe the conditions under which such in¬ 
tercourse may be carried on across state lines belongs to 
Congress.^ Congress controls also the coasting trade be¬ 
tween parts of the same state and the traffic on all rivers 
which flow into the ocean or the Great Lakes and thus 
constitute highways of interstate or foreign commerce. 

^ Under the commerce power, Congress has also enacted the white 
slave law, and an act restricting the kiUing of birds that migrate 
from one state to another. 



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INTERSTATE COMMERCE 


241 


Power Retained by the States .—Nevertheless it is often 
difficult in a particular case to draw the line between acts 
which regulate interstate commerce and acts which merely 
affect it without regulating it. The Supreme Court in a 
long line of decisions has held that the states not only have 
complete power of control over all commerce originating 
and ending within their limits but that they may also enact 
legislation for the protection of the public health, safety, 
good order, and morals of their people even when such 
legislation affects commerce among the -states, the only 
restriction being that such legislation must be reasonable 
and must not amount to a direct interference with inter¬ 
state traffic. The right of the states in this respect is known 
as the police power —a power which is very extensive and 
of which they cannot be deprived by Congress. Thus they 
may enact reasonable quarantine laws forbidding the en¬ 
trance into their territory of diseased persons from other 
states or the importation of diseased live stock. Likewise 
they may limit the speed of interstate trains running 
through their towns, may require railroads to provide 
gates at crossings, safety appliances for cars, and the like. 

The Original Package Doctrine .—A state, however, prior 
to 1920, could not without the consent of Congress pro¬ 
hibit the importation of liquor in original packages into its 
territory from other states, although it might be a prohi¬ 
bition state.1 But Congress itself, by an act passed in 
1913, prohibited the transportation of intoxicating liquors 
into states having prohibition laws. 

Likewise, the states cannot impose taxes on passengers 
passing through their territory bound for points in other 
states, or require interstate trains to stop at county seats, 

1 Early in 1919 the eighteenth amendment to the federal constitu¬ 
tion was adopted, prohibiting the liquor traffic after one year. 

, Govt. U. S. —16 


242 THE REGULATION OF COMMERCE 

or impose taxes on telegraph messages sent to points in other 
states, or on bills of lading of freight destined to points in 
other states, or on goods intended for exportation, and so on. 

Regulation of Interstate Railway Traffic.—For a long 
time Congress took no action toward regulating railway 
traffic among the states, thus leaving the railroads free to 
carry on their business as they pleased, regardless of the 
interest of the public whom they served. But with the 
enormous development of the railway system of the country 
gross evils began to creep in, in the form of excessive rates, 
discriminations, combinations for the suppression of com¬ 
petition, inadequate provision for the safety of passengers, 
etc., in consequence of which a widespread demand grew 
up for legislation bringing the railroads under govern¬ 
mental control. The outcome of this agitation was the 
interstate commerce act of 1887, the provisions of which 
have been amended and extended by several subsequent 
acts, notably the Elkins act of 1903, the railway rate law 
of 1906, and the interstate commerce law of 1910. 

Interstate Commerce Commission .—The law of 1887 
created an interstate commerce commission which now 
consists of nine members appointed by the President and 
paid a salary of $10,000 a year each, which commission has 
general supervision of the execution of the several acts 
mentioned above. It hears complaints against the rail¬ 
roads, makes investigations upon petition, and to this 
end may summon witnesses and compel the production 
of papers and records, and conduct hearings. If, after an 
investigation, it finds that the law is being violated by a 
railroad company, it may request the proper federal au¬ 
thorities to institute a prosecution of the offending company, 
and the law requires that such a prosecution shall be made. 
For a long time the commission had no power to fix rates, 


REGULATION OF INTERSTATE RAILWAY TRAFFIC 243 

but only the negative right to say that a given rate was 
unjust and unreasonable. But by the act of 1906 it was 
given the power, after a full hearing, to determine and pre¬ 
scribe just and reasonable maximum rates and charges, 
as well as to prescribe regulations for the conduct of rail¬ 
way traffic. 

The Laws Now in Force prescribe that all railway rates 
and charges for carrying freight and passengers must be 
just and reasonable; that no rebates, drawbacks, or special 
rates shall be granted to particular shippers; that no dis¬ 
criminations shall be made as to rates or service to cer¬ 
tain persons or places; that no free passes, with certain spec¬ 
ified exceptions, shall be granted; that no greater charges 
shall be made for a “short haul” than for a “long haul”; 
that no railroads shall be allowed to transport commodities 
which they are engaged in producing, with certain excep¬ 
tions; that competing railways shall not be allowed to pool 
their freight or earnings; that schedules showing rates, 
fares, and charges shall be published and kept open^for 
inspection and cannot be changed except after thirty days^ 
notice to the commission; that all railroads shall keep their 
accounts'according to a uniform system prescribed by the 
commission; and that they shall make annually to the 
commission a full and complete report of their business 
and earnings. 

An important extension of the interstate commerce act 
was made in 1906, when express and sleeping car companies, 
pipe lines used for transporting oil from one state to an¬ 
other, and telegraph, telephone, and cable companies en¬ 
gaged in sending messages from one state to another or 
to foreign countries, were brought under the operation of 
the law and their business subjected to the same condi¬ 
tions and restrictions as those applying to railroads. By 


244 


THE REGULATION OF COMMERCE 


an act of 1912 railroads were prohibited from owning, con¬ 
trolling, or having any interest in competing water carriers, 
and by an act of 1913 provision was made for preparing 
a valuation of all railroads in the United States. 

Congress has also enacted laws requiring interstate rail¬ 
roads to equip their cars with automatic couplers and other 
safety appliances, fixing the liability of railway employers 
for injuries sustained by railway employees, encouraging 
the arbitration of railway strikes, and establishing an eight- 
hour work day on railways (1916). An act excluding the 
products of child labor from interstate commerce (1916) 
was declared unconstitutional by the Supreme Court. 

In pursuance of acts of Congress passed in 1916 and 1918, 
the President in 1918 took over the control of railroads, 
telegraphs, and telephones for the duration of the war. 

Federal Anti-trust Legislation.—The commerce clause 
of the Constitution has also furnished the authority for 
some important congressional legislation against what are 
popularly known as “trusts,” that is, combinations of 
corporations or business associations formed to avoid the 
wastes of competition and to secure economy of manage¬ 
ment. But the control of the supply of a commodity means 
the elimination of competition and usually the maintenance 
of high rates to the injury of consumers. For a long time 
the greater part of the business of the country was con¬ 
ducted by individuals, companies, or corporations, and 
the advantages of competition were preserved to the public, 
but in the course of the economic development of the coun¬ 
try, corporations began to consolidate for the reasons stated, 
with the result that the supply of many commodities came 
to be controlled by single combinations. At first the states 
undertook to deal with the problem by passing anti-“trust” 
laws, but the business of so many of the more powerful 


FEDERAL ANTI-“TRUST” LEGISLATION 


245 

organizations was interstate in character that state legis¬ 
lation was inadequate to deal with them. 

The Sherman Anti-^ trusV^ Law. — Finally, in obedience to 
a widespread popular demand, Congress took action in 1890 
by passing what is popularly known as the Sherman anti- 
“ trust act to protect trade and commerce among the states 
against unlawful restraint and monopolies. This act de¬ 
clared that every contract, combination in the form of trust 
or otherwise, or conspiracy in restraint of trade or commerce 
among the states or with foreign nations was illegal, and 
it prescribed appropriate penalties for violations thereof. 
This law, however, applies only to “ trusts ” which are in 
restraint of trade among the states or with foreign nations. 
It has no application to those whose activities are con¬ 
fined entirely within the boundaries of a single state; with 
such “ trusts ’’ the states alone have the power to deal. 

In pursuance of the act of 1890, prosecutions have been 
instituted in the federal courts against a large number of 
“ trusts,’’ and some of them have been broken up, but the 
larger number have escaped. In 1911, for example, the 
Supreme Court decided that the Standard Oil and tobacco 
“ trusts ” were illegal, and their dissolution was decreed. 

The Clayton Anti-^ trust ” Act .—In 1914 Congress passed 
another important act directed against combinations in 
restraint of trade. In brief, it prohibits price discrimina¬ 
tions among purchasers, exclusive trade agreements be¬ 
tween manufacturers and retailers, the holding of the 
stock of one corporation by another, and interlocking 
directorates. Like the other anti-‘^ trust ” acts it applies, 
of course, only to persons or corporations engaged in inter¬ 
state commerce or trade. To enforce the act a federal 
trade commission was created. It consists of five members 
appointed by the President, at a salary of $10,000 each. 


246 THE REGULATION OF COMMERCE 

Federal Pure Food Legislation.—The commerce clause 
of the Constitution is also the source of some important 
legislation designed to protect the public against impure, 
unwholesome, and adulterated foods produced in the United 
States. We have already called attention to the legislation 
of Congress against the importation of impure foods, wines, 
and teas from abroad. Still more recently Congress passed 
an interstate pure food law prohibiting the transportation 
among the states and territories of any food products which 
are adulterated or which contain foreign substances not 
indicated in the labels. The law also provides for the fixing 
of a standard of pure foods and other products transported 
from one state to another or intended for interstate trans¬ 
portation, and provides that they must come up to the 
standard prescribed. 

The Meat Inspection Law .—To protect the public against 
unwholesome meat products. Congress enacted in 1891 a law 
which was strengthened in important particulars in 1906, 
providing for the inspection of slaughtering houses whose 
products are intended for interstate commerce. The law 
requires the registration of all establishments engaged in 
slaughtering animals the products of which are to be shipped 
into other states or are intended for export. Each is given 
a number, and federal inspectors are assigned to inspect 
the animals intended for slaughter, to inspect their car¬ 
casses in certain cases, and to see that the business of 
slaughtering is conducted under clean and wholesome con¬ 
ditions. Animals found suffering with certain diseases are 
not allowed to be slaughtered for food purposes, and meat 
discovered to be unwholesome must be rejected. Super¬ 
vision is also exercised over the processes of packing and 
canning, and there are detailed regulations in regard to 
labeling. 


RESEARCH QUESTIONS 247 

References. Andrews, Manual of the Constitution, pp. 89-95. 
Beard, American Government, ch. xix. Cooley, Principles of Con¬ 
stitutional Law, pp. 66-88. Hart, Actual Government, ch. xxiv. 
Hinsdale, American Government, secs. 374-380. Johnson, Railway 
Transportation, ch. xxvi. 

Illustrative Material.—^Annual reports of the Interstate Com¬ 
merce Commission, of the Department of Agriculture, of the Attorney- 
General, of the Commissioner of Navigation, of the Commissioner of 
Immigration, and of the Public Health and Marine Hospital Service. 

Research Questions 

1. What were the reasons for giving Congress control over foreign 
and interstate commerce? 

2. Why did the delegates from the Southern states oppose giving 
this power to Congress? 

3. What is meant by the “original package” doctrine? 

4. Why should a railroad company be prohibited from granting 
rebates? For charging more for a “short haul” than for a “long 
haul”? From transporting the products of its own mines and manu¬ 
factories? From pooling its freight or earnings? 

5. What are the arguments for and against granting government 
subsidies for the upbuilding of the merchant marine? 

6. What have been the principal reasons for the decline of the 
American carrying trade? 

7. What is the amount of money annually appropriated for im¬ 
proving the rivers and harbors of the country? 

8. How has the commerce clause of the Constitution been the source 
of important extensions of the power of the national government? 
Mention some important recent acts of Congress that have been 
passed in pursuance of this clause. 

9. Do you think a law of Congress prohibiting the transportation 
of intoxicating liquors into a prohibition state would be a constitu¬ 
tional act? 

10. Should Congress, in your judgment, impose greater restric¬ 
tions upon immigration than it now imposes? 

11. Do you think Congress should have power to regulate the busi¬ 
ness of life insurance? To regulate marriage and divorce? 

12. Is the policy of governmental regulation of railroads preferable 
to governmental ownership? Give your reasons. 


CHAPTER XIV 


OTHER IMPORTANT POWERS OF CONGRESS 

THE POST OFFICE, COPYRIGHTS, PATENTS, THE ARMY, THE 
NAVY, ETC. 

The Postal Service.—The beginnings of the postal service 
in the United States date back to the action of the Conti¬ 
nental Congress in creating a post office department in 
1775, and appointing Benjamin Franklin as its head. Un¬ 
der Franklin’s direction postal routes were established 
throughout the colonies and the mails were carried over 
them at intervals of one or two weeks. In 1776 there were 
twenty-eight post offices located in the more important 
towns. The Constitution gave Congress power to estab¬ 
lish post offices and post roads, and when the new govern¬ 
ment was established, the postal service was reorganized 
and extended. In 1790, however, there were only seventy- 
five post offices in the thirteen states, and less than 2,000 
miles of post roads. The total revenues were only $37,000, 
and the expenditures only $32,000. Now there are more 
than 60,000 offices and over 25,000 different routes, with 
an aggregate mileage of about 450,000 miles. A recent 
postmaster-general has well said: ‘‘The postal establish¬ 
ment of the United States is the greatest business concern 
in the world. It handles more pieces, employs more men, 
spends more money, brings more revenue, uses more 
agencies, reaches more homes, involves more details, and 

248 


THE POSTAL SERVICE 


249 

touches more interests than any other human organization, 
public or private, governmental or corporate.” Some idea 
of the magnitude of the service may be gained from the 
fact that during the year 1913 nearly eleven billion stamps 
were sold, about sixteen billion pieces of mail were han¬ 
dled, more than $650,000,000 worth of domestic money 
orders were issued, and more than forty million articles 
were registered. The receipts for the year 1917 aggre¬ 
gated $329,726,116, and the expenditures $319,838,718. 

The Postal Deficit .—For many years the postal service 
was operated at a loss, the principal causes of the deficit 
being due to the loss sustained by the government on the 
transportation of second-class matter and through the rural 
free delivery service. During the fiscal year 1917 the loss on 
the former account aggregated $72,000,000 and on the latter 
about half that amount. There is also a heavy loss on 
mail carried free under the Congressional frank. Thus in 
1917 more than 60,000,000 pounds of such mail was carried, 
the postage on which would have cost more than $20,000,000. 
Nevertheless by rigorous economy the deficit was made to 
disappear in 1911 for the first time in thirty years. In 
1917 there was a surplus of more than $9,000,000. 

Mail Matter.—Congress has power to decide what mat¬ 
ter shall be admitted to the mails and what shall be 
excluded. In addition to books and printed matter gen¬ 
erally it allows parcels of merchandise weighing not more 
than seventy pounds to be carried through the mails; also 
seeds, bulbs, roots, samples of flour, dried fruits, cut flowers, 
geological and botanical specimens, soap, nuts, live queen 
bees, dried insects, etc. On the other hand, the following 
matter is denied admission to the mails: parcels weigh¬ 
ing over seventy pounds; poisons, explosives, live animals, 
liquors and other objects unsuitable for transportation. 


250 OTHER POWERS OF CONGRESS 

in the mails; obscene matter and articles adapted or de¬ 
signed for immoral purposes; all matter relating to lot¬ 
teries and schemes for swindling the public, and, by acts 
of 1917, advertisements of intoxicating liquor intended 
for distribution in prohibition states and printed matter 
advocating treason, insurrection, resistance to the laws, 
disloyalty, etc. 

“ Fraud Orders.’^ —The mails are so frequently used by 
dishonest concerns for circulating advertising matter de¬ 
signed to defraud the public, that a law has been passed 
authorizing the postmaster-general to withhold the priv¬ 
ileges of the postal service from persons using it for such 
purposes. In pursuance of this authority, he frequently 
issues “ fraud orders,” instructing the local postmaster 
not to deliver mail to specified fraudulent concerns. It 
was reported in 1913 that in two years such concerns had 
swindled the people out of $129,000,000. 

Classification of Mail Matter. —Mail is classified into four 
different classes: first, letters and postal cards; second, 
newspapers and other periodical publications ; third, printed 
matter not admitted to the second class; and fourth, mer¬ 
chandise not comprehended in the other three classes. 

The Rates of Postage on the different classes have varied 
in amount from time to time. In the early history of the 
post-office department the rates for transporting letters 
were regulated on the basis of the distance carried, and 
according to the number of sheets in the letter, the amount 
ranging from six to twenty-five cents. Since 1863, how¬ 
ever, there has been a uniform rate on letters irrespective 
of distance. In 1883 the rate was fixed at two cents, 
which was raised in 1917 to three cents. Before 1847, 
when the adhesive postage stamps were introduced, pay¬ 
ment of postage was made in cash and the amount 


MAIL MATTER 


251 


indorsed on the envelope. Postal cards were introduced 
in 1872. 

On the transportation of first-class mail tbe govern¬ 
ment realizes a profit estimated at $60,000,000 per year, 
notwithstanding the long distance much of it is carried. 
There is also a substantial profit derived from foreign mail. 

Second-Class Matter mailed by the publishers is carried 
at the rate of li cents a pound (li cents after 1919)/ with 
an added charge for advertising matter; but newspapers 
are carried free to any office within the county of publica¬ 
tion except in cities having free delivery service. The gov¬ 
ernment has sustained heavy losses in carrying second-class 
matter. In the year 1917 more than 1,200,000,000 pounds 
was transported at a loss of over six cents per pound. It 
constituted over 60 per cent of all domestic mail, but yielded 
less than five per cent of the postal revenues, the loss being 
greater than the profits realized on all other classes of mail 
combined. 

Should the Second-Class Rate he Increased ?—For some 
years there was considerable agitation in favor of increas¬ 
ing the rate paid by publishers, especially on magazines which 
are overloaded with advertising matter and on other publi¬ 
cations which are devoted largely to advertising purposes. 
Successive postmasters-general urged a readjustment of the 
rates, but until 1917 Congress took no action further than 
to appoint a commission to investigate and report on the 
subject. The two suggestions most considered were, that 
a higher rate should be imposed on magazines than on news¬ 
papers in view of the fact that the average distance of 
transportation is greater in the case of magazines than in 
the case of newspapers, and that a higher rate be imposed 
on advertising matter than on purely reading matter. 

1 The rate for other persons than publishers is four cents a pound. 


OTHER POWERS OF CONGRESS 


252 

Against these arguments it was contended that the educa¬ 
tional benefits derived from the extensive circulation of 
second-class matter are very great, and that for this reason 
the government can well afford to contribute something 
toward the dissemination of advertising information among 
the masses of the people. Moreover, it was argued that the 
circulation of second-class matter is responsible for a large 
amount of first-class matter and thus the government makes 
up in the increased profits on first-class matter what it loses 
on second-class matter. Thus it was said that fifty pages of 
advertising matter in a popular magazine might lead to the 
writing of 50,000 letters. Consequently a reduction in the 
volume of second-class matter would inevitably be followed 
by a corresponding reduction in first-class matter. 

Finally in 1917 Congress passed a law providing for a 
graduated increase in the rates on the advertising portions 
of newspapers and magazines, the amount depending on 
the distance carried. 

Free Delivery Service.—The extension of rural free de¬ 
livery service has been the most rapid and remarkable of 
all the undertakings of the post office department. It be¬ 
gan as an experiment in 1897, when less than $15,000 was 
appropriated to test the advantage of free delivery in coun¬ 
try districts, and it has been extended until it now con¬ 
stitutes one of the largest branches of the postal service, 
the annual expenditures on account of the service exceeding 
$50,000,000. This is the largest item of expenditure by the 
post office department on any of its services except the trans¬ 
portation of mail on the railroads, which foots up nearly 
$55,000,000. There are more than 40,000 rural free delivery 
routes in operation, and nearly three billion pieces of mail are 
annually delivered to 27,000,000 people along these routes. 
An investigation made in 1909 showed that the postage on 


FREE DELIVERY SERVICE 


253 

the average amount of mail collected on a rural route was 
$14.92 per month, while the average cost of the service 
was $72.17. The average cost of the service on a rural route, 
therefore, exceeded the average revenue derived from 
postage by $687 per year. On that basis the total loss 
on the operation of the service was estimated to be about 
$28,000,000. But while the loss to the government 
in money has been great, the advantage to the country 
districts served has been notable. Besides the convenience 
to the country residents it has brought them into closer 
relation with the centers of population, made country life 
more attractive and less monotonous, increased farm values, 
and encouraged the improvement of country roads, since 
the department insists upon the maintenance of the high¬ 
ways in good condition as a prerequisite to the introduc¬ 
tion and continuance of the service. 

Free Delivery in Cities .—Free delivery of mail in the 
larger towns and cities was first introduced during the 
Civil War, and the service has been extended to include 
all places of not less than 10,000 inhabitants or where the 
postal receipts are not less than $10,000 per year. In 1885, 
provision was made by which immediate delivery (“ special 
delivery”) of a letter upon its arrival at a city post office 
could be secured by payment of ten cents. 

Registry Service.—In 1855, Congress established the 
registry service, by which upon the payment of extra post¬ 
age—the extra rate is now ten cents per letter or parcel— 
special care is taken of letters or parcels registered. Thus 
the safe delivery of a valuable letter or parcel is practically 
assured, and by a recent law the post office department has 
provided a system of insurance against the loss of parcels 
mail—the maximum amount allowed in case of loss being 
one hundred dollars. ' > 


254 


OTHER POWERS OF CONGRESS 


Money-Order Service.—In 1864 the money-order service 
was established, by which upon the payment of a small 
fee, ranging from three to thirty cents according to the 
amount of the order, money may be sent through the mails 
without danger of loss. At all the larger post offices and 
at many of the smaller ones, international money orders 
may also be obtained at rates ranging from ten cents to 
one dollar, payable in almost any part of the world where the 
mails are carried. The primary object of the postal money- 
order service is to provide for the public a safe, convenient, 
and cheap method of making remittances by mail, and it is 
the declared policy of the department to extend the service 
to aU post offices where its introduction is practicable. 

Postal Savings Banks.—One of the most important ex¬ 
tensions of the postal service is the establishment of a sys¬ 
tem of postal savings banks, authorized by an act of Con¬ 
gress passed in 1910.^ This service has long been performed 
by the governments of many other countries, and its intro¬ 
duction into the United States had been strongly recom¬ 
mended by successive postmasters-general for a number of 
years. The proposition was also indorsed by both of the 
great political parties in their national platforms. In favor 
of the proposition it was pointed out that in many com¬ 
munities private savings banks are inaccessible, there being 
only one such bank to every 52,000 of the population of 
the country, as a whole; that on account of the popular 
distrust of private savings banks in many communities, 
savings were hoarded and hidden and thus kept out of 
circulation; that on account of the popular confidence in 
the government the establishment of savings banks under 

^ Already in 1906 a system of postal savings banks had been es¬ 
tablished in the Philippine Islands, where it was giving entire satis¬ 
faction. 


POSTAL SAVINGS BANKS 


255 

its auspices would cause the money now hidden to be 
brought out and put into circulation; that it would encour¬ 
age thrift and economy as well as stimulate loyalty and 
patriotism among depositors; and that it would improve 
the conditions of farm life, thus supplementing the work 
of the rural free delivery service, the telephone, and the 
interurban trolley car. 

The new law for the establishment of postal savings banks, 
as amended in 1918, provides that any person may deposit 
with the local postmaster of any office which has been made 
a depository (there were over 7000 such offices in 1918) any 
amount from one dollar up to $2 500 and receive interest 
thereon at two per cent per annum, provided the amount 
has been on deposit at least six months. Detailed pro¬ 
visions are made for the investment by the government of 
the sums deposited in the post offices throughout the coun¬ 
try. There were in 1917 nearly 675,000 depositors and the 
total deposits were $131,954,696,—an average of nearly 
$200 per depositor. 

Parcel Post Service.—In many countries the post office 
department also performs, through the parcel post service, 
what amounts to an express business. Thus in a number of 
the European countries one may send boxes or parcels weigh¬ 
ing as much as fifty or even one hundred pounds through the 
mails at very low rates of postage. In the United States 
books and packages of merchandise may be sent through 
the mails, but the weight of the package except in the 
case of books was until 1913 limited to four pounds.^ 
The limitation as to weight and the comparatively high 

1 The United States has long had “ parcels post ” treaties with a 
number of foreign countries, however, by which parcels weighing as 
much as eleven pounds may be sent through the mails to those 
countries at the rate of twelve cents per pound. 


256 OTHER POWERS OF CONGRESS 

rate of postage—sixteen cents per pound—made resort 
to the express companies necessary much more than in 
Europe. For some years there was a widespread agita¬ 
tion for the establishment of a parcel post system in the 
United States, and in 1912 Congress provided for the 
installation of such a system on January i, 1913. The 
maximum weight limit of parcels that might be transported 
through the mails was increased to eleven pounds (and 
later to fifty pounds; seventy pounds for short distances), 
and the list of mailable articles was enlarged so as to include 
butter, eggs, meats, fruits, and vegetables. In 1914 books 
were added to the list. The country is divided into zones 
according to the distance from each post office, and the 
rate of postage varies both with the weight and with the 
zone to which it is sent. About one billion parcels, weigh¬ 
ing over two billion pounds, are handled annually. So 
popular is the service that in 1914 the postmaster-general 
recommended that the government take steps toward ac¬ 
quiring the telegraph and telephone service of the country. 

Postal Subsidies.—In recent years there has been con¬ 
siderable agitation, principally by the postal authorities 
and the commercial organizations of the country, in favor 
of extending our postal facilities with certain foreign coun¬ 
tries, notably South America and the Orient, where they 
are now very inadequate. While most of the European 
governments have quick and frequent postal communica¬ 
tions with these countries, ours are slow and infrequent. 
Most foreign governments have adopted the policy of sub¬ 
sidizing private steamship lines to carry the mails to out- 
of-the-way places. In 1891, Congress passed a law for this 
purpose, but the amount appropriated is so small that the 
post office department has not been able to extend our mail 
facilities with foreign countries as rapidly as needed. 








Post Office, Newark, New Jersey 



Post Office, Des IMoixes, Iowa 


XIU 




































POSTAL SUBSIDIES 


257 

Shipping Board.—With a view to building up the Ameri¬ 
can merchant marine, which in recent years had greatly 
declined, Congress in 1916 provided for the appointment 
by the President of a federal shipping board composed of 
five commissioners with power to construct or purchase 
merchant vessels suitable as naval auxiliaries and for the 
carriage of American commerce. The board is also to 
supervise common carriers engaged in transportation by 
water. As a war measure, the extent of its building opera¬ 
tions was greatly increased in 1917. 

International Postal Union.—In this connection it may 
be noted that practically all the countries of the world 
have joined in forming what is known as the International 
Postal Union, for the reciprocal exchange of mails between 
the post offices of all countries belonging to the Union. 
The rates are fixed by a congress which represents the 
member states and which meets, in normal times, every five 
years. A letter may therefore be sent from one country to 
any other in the Union at a uniform rate, which, with some 
exceptions, is five cents. By special arrangement the rate 
on letters between the United States and Germany or 
England was reduced to two cents; in 1917 increased to three 
cents. Likewise the rate between the United States and 
Canada or Mexico is by special arrangement three cents. 

Classes of Post Offices.—Post offices are grouped in four 
classes on the basis of their gross annual receipts. First- 
class offices are those whose gross receipts exceed $40,000 
a year.^ They are usually located in buildings owned by 
the government, and in the larger cities there are branch 
offices or sub-stations in different parts of the city. Fourth- 
class offices are those whose annual receipts are below $1,000. 

1 The receipts of the New York post office are about $15,000,000 
a year, and those of Chicago more than $10,000,000. 


258 OTHER POWERS OF CONGRESS 

Salaries of postmasters of the offices of the first three classes 
are determined mainly on the basis of the receipts of the 
office. Fourth-class postmasters receive no fixed salary, 
but instead are paid a percentage of the value of the 
stamps cancelled. In the larger post offices there are 
in addition to the postmaster one or more assistant 
postmasters and a force of clerks and carriers, the num¬ 
ber depending on the amount of business and the size 
of the city. All postmasters are appointed after exam¬ 
inations under the civil service rules. Postmasters of 
the fourth class are appointed by the postmaster-general; 
those of the other three classes are appointed by the 
President. 

Copyrights.—The Constitution gives Congress the power 
to promote the progress of science and useful arts by secur¬ 
ing for limited times to authors and inventors the exclusive 
right to their respective writings and discoveries. The 
purpose of the copyright law is to protect authors from 
having their books and other writings republished without 
their permission, and hence to prevent the rewards of their 
talent and industry from being appropriated by others. 
In pursuance of this provision Congress has enacted legis¬ 
lation enumerating the productions for which copyrights 
may be granted, the conditions under which they may be 
secured, and the terms for which the protection shall last. 
The law provides that copyrights may be granted for books, 
musical compositions, maps, works of art, photographs, and 
even for unpublished works. In the case of published works 
two copies of the best edition must be deposited with the 
register of copyrights at Washington. The ordinary form 
of copyright notice is ‘^Copyright, 19—, by A. B.” 

The term of the copyright is twenty-eight years, but it 
may be renewed for another period of twenty-eight years. 


COPYRIGHTS 


259 


During the period of the copyright the author has the ex¬ 
clusive right to print, publish, and sell the article copy¬ 
righted, and in case of infringement he may have recourse 
to the federal courts for damages on account of the loss 
sustained. A copyright may be sold or otherwise trans¬ 
ferred, but the fact must be recorded by the register of 
copyrights. 

International Copyright .—Formerly the writings of an 
American author might be republished in a foreign country 
without his consent, and thus he had no protection outside 
of his own country. Accordingly, to secure protection to 
American authors against the republication of their works 
in foreign countries without their consent. Congress en¬ 
acted laws in 1891 and 1909, looking toward the reciprocal 
protection of American and foreign authors against in¬ 
fringement of the rights of each in the country of the other. 
In pursuance of these acts a copyright will be granted to a 
foreign author protecting him against the republication of 
his works in the United States, provided the government 
of which he is a subject will grant similar protection to 
American authors. But in the case of foreign books pub¬ 
lished in the English language the book must be printed 
and bound in the United States in order to secure the bene¬ 
fits of copyright. International copyright treaties designed 
to secure protection of this sort have been entered into be¬ 
tween the United States and a number of foreign countries. 

Patents.—A patent is a form of protection granted by 
the government to an inventor to secure to him for a limited 
period the exclusive enjo3mient of the fruits of his skill and 
industry. Patents were granted by the state governments 
until the Constitution conferred this power on Congress. 
In 1790 Congress passed a law authorizing the granting 
of patents for new and useful inventions, and this law 


26 o other powers OF CONGRESS 

has been amended and its scope extended several times 
since. 

The Patent Office .—In 1836, an office or bureau charged 
with receiving applications, conducting examinations, and 
granting patents was created in the department of state, 
but it was transferred to the department of the interior 
in 1849. This office has grown to be one of the largest and 
most important branches of the government service. It 
has a large number of examiners and experts arranged in 
groups, each of which examines the applications for patents 
for inventions of a particular class. 

Conditions .—The applicant for a patent must declare 
upon oath that he believes himself to be the original in¬ 
ventor of the article for which he desires a patent, and he 
must submit with his application a full description or draw¬ 
ing of the invention, and if demanded, also a model of the 
same. The invention must be a useful one, for patents will 
not be granted for inventions which have no practical or 
scientific value. If the patent is refused by the commis¬ 
sioner of patents, the applicant can take an appeal to the 
court of appeals of the District of Columbia. A fee of 
fifteen dollars is charged for filing the application, and one 
of twenty dollars for issuing the patent.^ The term for 
which a patent may be issued u'nder the present law is 
seventeen years, which term may be extended only by act 
of Congress. When a patent is granted the word pat¬ 
ented ” with the date on which it was issued must be 
placed on the article in order that the public may have 
notice of the fact that it is patented. During the term of 

^ Notwithstanding the large number of employees in the patent 
office, the office is self-supporting by reason of the fees charged and 
the large number of apphcations, the annual receipts amounting to 
more than $2,000,000. 


t^ATENTS 


261 


the patent the inventor has the exclusive right to manu¬ 
facture, use, or sell the article, and in case of infringement 
the law allows him to apply for an injunction to restrain 
the infringer, or to sue for damages. Patents, like copy¬ 
rights, may be assigned or otherwise transferred, provided 
a record of the transfer is made in the patent office.^ 

Number of Patents Granted .—The inventive genius of the 
American people is shown by the large number of patents 
which have been issued since the first patent law was passed 
in 1790. The number granted during the year 1916 alone 
amounted to 46,133. The annual reports of the commis¬ 
sioner of patents, containing a list of the patents granted, 
together with specifications and drawings of the inventions 
for which patents have been issued, constitute a remark¬ 
able record of the growth of the country along industrial 
and scientific lines. 

The Military Power of Congress.—The Constitution 
confers upon Congress the power to declare war, grant 
letters of marque and reprisal, and make rules concerning 
captures on land and water. In England and some conti¬ 
nental European states the power of declaring war belongs 
to the crown, though the means of carrying it on must be 
provided by the legislative branch of the government. The 
framers of the Constitution, however, with their distrust 
of executive power, wisely left the whole matter to Con¬ 
gress. In the exercise of this power Congress has several 
times declared war against foreign nations. 

^ An inventor who needs more time in which to perfect his invention 
and to forestall the action of some one else may secure a caveat which 
gives him a year in which to complete his invention. 

Trade-marks are also registered by the patent office provided they 
are to be used in interstate commerce. Trade-marks in other cases 
are usually protected by state registration. 


262 OTHER POWERS OF CONGRESS 

A Letter of Marque and Reprisal is the technical term for 
a commission issued to an individual by a belligerent 
government authorizing him to prey upon the commerce 
of the enemy. The vessel commanded by a person holding 
such a commission is called a privateer. Privateering was 
long recognized as a legitimate mode of warfare, but the 
evils of the practice, due mainly to lack of control over the 
person bearing a commission of this sort, were so great that 
a congress of European nations held in Paris in 1856 de¬ 
clared privateering to be abolished. Although the United 
States has never formally adhered to this act, there is no 
likelihood that our government will ever again resort to 
privateering. 

Captures .—In pursuance of the power to make rules 
concerning captures on land and sea, Congress has adopted 
a code of rules, though that matter is regulated for the 
most part by international law. Formerly it was the prac¬ 
tice to allow the commander and crew a share of the pro¬ 
ceeds of prizes captured on the sea in time of war, but in 
1898 a law was passed abolishing prize money and provid¬ 
ing that the proceeds from the sale of prizes should be turned 
into the treasury of the United States. In case of rebellion 
or insurrection the whole matter of the liability of the 
property of insurgents is within the control of Congress. 
Thus during the Civil War acts were passed for the con¬ 
fiscation of all property of the Confederates used in the 
prosecution of the war, as well as all abandoned property, 
that is, property belonging to persons who were away 
from their homes and in the Confederate service. 

The Army.—The Constitution expressly authorizes Con¬ 
gress to raise and support armies, subject to the limi¬ 
tation that no appropriation for the support of the army 
shall be for a longer period than two years. This period 


THE ARMY 


263 

corresponds to the term of Congress, and hence the limita¬ 
tion serves to keep the army under the control of the people. 
There was more or less jealousy of standing armies at the 
time of the adoption of the Constitution, and for a long 
time the regular army of the United States was very small; 
in 1898, for example, it was only 27,000 men. 

Present Strength of the Army .—On June 30, 1917, the 
actual strength of the regular amy was 250,157 officers and 
enlisted men, not including some 5,600 Philippine scouts. 
By an act passed in 1916 provision was made for increasing 
the peace strength of the regular army to 480,000 men; 
for establishing officers’ reserve training corps at colleges 
and universities; for maintaining camps for giving military 
training to citizens who apply for it; and for creating a 
regular army reserve, the members of which are to receive 
at least fifteen days’ training each year. Provision was 
also made for reorganizing the militia arid for increasing its 
strength ultimately to about 470,000 men. The expense of 
the training camps and of equipping, training, and paying a 
small salary to the officers and men of the organized militia 
and of the regular army reserve is to be borne by the national 
government. After the beginning of the war with Germany 
(1917) provision was made for raising a large army by con¬ 
scription of able-bodied young men between the ages of 
21 and 31 years—later on between 18 and 45.^ 

The General Staff Corps .—In 1903 the office of “ com¬ 
manding general ” was abolished and in its place a general 
staff was created, to prepare plans for the conduct of military 
operations. By the act of 1916, a general staff corps was 
provided to take the place of the general staff, and to consist 

1 In 1918 when the Great War closed some 2,000,000 Americans 
were under arms in France and about 2,000,000 were in the training 
camps and schools in the United States, 


264 OTHER POWERS OF CONGRESS 

of some 54 officers ranging from the rank of captain to major 
general. At the head of the corps is a chief of staff with the 
rank of major general, who in time of peace is the actual 
head of the army. 

Military and Naval Expenditures .—The expenditures on 
account of the military and naval establishments have 
increased enormously in recent years. Before the war with 
Spain the appropriations for the maintenance of the army 
did not exceed $50,000,000 per annum. For the year 1916 
they amounted to $267,596,530, besides appropriations for 
fortifications and for the military academy ($26,973,000). 
After the outbreak of the war with Germany they were, of 
course, vastly increased. Chairman Tawney of the house 
committee on appropriations stated in 1910 that our 
expenditures on account of the military and naval establish¬ 
ments, pensions, and interest on the national debt, most of 
which was incurred as a result of wars, then aggregated 
more than seventy-two per cent of the entire income of the 
national government. The movement looking toward the 
settlement of international disputes by means of arbitration 
rather than war should command the sympathy and support 
of all citizens. 

Volunteers .—Except during the Civil War and the war 
with Germany, resort has never been made to conscription 
for recruiting the army—a practice almost universal in 
Europe. In most of our wars the chief reliance has been on 
volunteers and the militia. Thus at the outbreak of the 
Civil War the President was authorized to accept the serv¬ 
ices of 500,000 volunteers, and at the outbreak of the war 
with Spain in 1898, the President called for 200,000 volun¬ 
teers. It takes much training to convert an inexperienced 
volunteer into an efficient soldier; but many of our great 
battles have been fought chiefly by the volunteer forces. 


THE ARMY 


265 

The Militia.—The Constitution also authorizes Congress 
to provide for calling forth the militia to execute the laws 
of the Union, suppress insurrections, and repel invasions; 
and to provide for organizing, arming, and disciplining 
the militia, and for governing such part of them as may 
be employed in the service of the United States. The 
militia as defined by act of Congress consists of all able- 
bodied male citizens of the United States between the 
ages of eighteen and forty-five. That portion of the militia 
regularly organized, uniformed, and occasionally drilled and 
taught military tactics constitutes the national guard.^ 

Each state organizes and controls its own militia, and 
the national government has no control over it until it has 
been called into the service of the United States, when it 
becomes subject to the rules and discipline prescribed for 
the government of the regular army. In 1795, Congress 
passed an act prescribing the conditions under which the 
militia might be called into the service of the United States. 
This act conferred on the President of the United States 
the power to call out the militia whenever, in his judgment, 
it was necessary or expedient. Such calls are addressed 
to the governors of the states, who are the commanders of 
their several portions of the militia. When, however, the 
militia has been mustered into the service of the United 
States the President becomes their commander in chief. 
In pursuance of this authority the President has called out 
the militia on two different occasions; during the War of 
1812 to repel invasion; and during the Civil War to sup¬ 
press insurrection. In 1898 when the war with Spain was 
declared, the call was issued not for the militia but for 

1 The actual strength of the national guard in June, 1917, was 
about 107,000 men and 3,800 commissioned officers. But it was 
subsequently largely increased. 


266 


OTHER POWERS OF CONGRESS 

volunteers.^ Nevertheless many of the volunteers who re¬ 
sponded were as a matter of fact members of the organized 
militia of their respective states. In pursuance of author¬ 
ity conferred by Congress in 1916, the President drafted 
the organized militia into the federal service in that year 
for service on the Mexican border, and again in 1917 on 
account of the war with Germany. 

The Naval Militia .—In a number of the seaboard states 
and some of those bordering on the Great Lakes, there are 
organized bodies of naval militia, with training ships loaned 
by the United States for the purpose of drill and instruc¬ 
tion. Like the land militia, the naval mihtia of each state 
is under the control of the state and until called into the 
federal service is under the command of the governor. ^ 

The Navy.—Congress is also authorized by the Con¬ 
stitution to provide and maintain a navy. In pursuance 
of this authority. Congress created a small naval establish¬ 
ment in 1794, but it amounted to little until the War of 
1812, when it was strengthened by the improvisation of a 
number of war vessels which won brilliant victories over 
the ships of Great Britain. Thereafter the navy was neg¬ 
lected until the necessities of the Civil War required its 
rehabilitation. At the close of the war the vessels in the 

^ This was due to the fact that there was doubt as to whether 
the militia could be called out and sent abroad for the purpose of 
prosecuting a war against a foreign country, in view of the specifica¬ 
tion in the Constitution of the objects for which the militia may 
be called into the service of the United States. Under the Act of 
1916, the organized militia may be drafted into the service of the 
United States for use anywhere if Congress declares that an emergency 
exists. They were so drafted in 1917 and sent to Europe, not as 
militia, but as a part of the regular army. 

2 According to the report of the secretary of the navy for 1916, the 
naval militia of the states numbered 9,170 men and 636 officers. 


THE NAVY 


267 

service numbered 683, but they were sold or otherwise 
disposed of, and what was once the most powerful navy in 
existence was allowed to go to pieces. In 1881 a board of 
na,val officers prepared a somewhat elaborate naval program 
and recommended the construction during the next eight 
years of some 120 naval vessels. The work was begun in 
1883—a date which may properly be fixed as the begin¬ 
ning of our present navy. The first important appropria¬ 
tion, that of 1883, was less than $15,000,000. Each year 
the amount was increased until in 1917 it had reached 
S535>ooo.ooo. 

Present Strength of the Navy .—The total number of 
officers and enlisted men in the navy in July, 1917, was 
about 135,000, not including about 45,000 men in the naval 
reserve and naval militia. The fleets include 38 battleships, 
II armored cruisers, ii coast defense vessels, some 50 un¬ 
armored cruisers of different types, more than 60 torpedo 
boats and torpedo boat destroyers, and about 30 sub¬ 
marines. Seventy-seven vessels (including 9 dreadnaughts) 
were under construction in 1915, and a large increase was 
authorized by Congress in 1917. 

According to the Navy Year Book for 1914 the naval standing of 
the great powers was as follows: 



Battleships 

Armored 

Cruisers 

Tonnage 

Great Britain. 

66 

45 

1,818,850 

Germany. 

37 

IS 

827,725 

United States. 

38 

II 

787,591 

France. 

29 

21 

704,044 

Japan . 

16 

19 

566,106 

Russia. 

15 

10 

447,914 

Italy. 

16 

9 

368,862 

Austria-Hungary. 

13 

3 

172,500 


For administrative purposes the ships of the navy are 
grouped into fleets, and these are again subdivided into 
















268 


OTHER POWERS OF CONGRESS 


squadrons. Thus the North Atlantic fleet is divided into a 
coast squadron and a Caribbean squadron. Within each 
squadron there are usually a number of divisions. There are 
navy yards where ships are either built or repaired at a 
number of places on the Atlantic and Pacific coasts/ and 
there are several training schools for recruits, and a naval 
academy at AnnapoHs (founded in 1845), where yormg men 
are educated for service in the navy.^ There is also a naval 
war college at Newport, Rhode Island, for advanced study 
of naval problems and questions of international law. 

Ranks .—Until 1862, the highest official rank in the navy 
was that of captain, although the title commodore was 
popularly applied to officers in command of a squadron. 
The following table is a list of the officers of the navy, be¬ 
ginning with the highest, together with the corresponding 
ranks in the army: 


Navy 

Admiral. 

Vice Admiral. 

Rear Admiral. 
Commodore.* 

Captain. 

Commander. 

Lieutenant Commander. 
Lieutenant. 

Lieutenant, junior grade. 
Ensign. 


Army 

General. 

Lieutenant General. 
Major General. 
Brigadier General. 
Colonel, 

Lieutenant Colonel. 
Major. 

Captain. 

First Lieutenant. 
Second Lieutenant. 


^ Most of the ships of the navy have been constructed by contract 
with private shipbuilding companies, but several experiments have 
been made of government construction in the navy yards. Thus 
the battleship Louisiana and several others were constructed by the 
government in its own shipyards. 

2 For further information concerning the naval academy, see p. 338. 

* The rank of commodore no longer exists except for its survival 
on the retired list. There are some twenty-five or thirty rear ad- 


THE NAVY 


269 

Pay .—Salaries of naval officers range from $1,400 a 
year for ensigns to $13,500 for the admiral, while those of 
enlisted seamen range from nine dollars a month to thirty- 
five dollars a month. 

Bankruptcy Legislation.—The Constitution confers upon 
Congress the power to pass uniform laws on the subject 
of bankruptcies throughout the United States. Bankruptcy 
is the condition of a person whose liabilities exceed his 
assets, and a bankruptcy law is one which provides for the 
distribution of the assets of such a person among his cred¬ 
itors and for his discharge from further legal obligation 
to pay his debts, thus enabling him to make a new beginning 
in business. The discharge is only from the legal obligation; 
the moral obligation remains, and should be fulfilled in case 
of ability to do so in the future. 

State Insolvency Laws .—Before the adoption of the Con¬ 
stitution the states passed insolvency laws discharging 
debtors from their legal obligations, and it has been held 
by the Supreme Court that they may still pass such laws, 
subject to the condition that they can affect only citizens 
of the state in which the law is passed, and apply only to 
such contracts as may be entered into subsequent to the 
enactment of the law. If there is a federal bankruptcy law 
in force it supersedes all conflicting provisions in the state 
laws on the subject. 

Federal Acts .—Since the Constitution went into effect 
Congress has enacted four different bankruptcy laws, 
namely, in 1802, 1840, 1867, and 1898, the first three of 
which were in operation only fifteen years altogether. The 

mirals. The act of 1899, under which Dewey was appointed admiral, pro¬ 
vided that the office should cease to exist with his death, but in 1915 the 
rank of admiral and vice admiral was reestablished and the former rank is 
now held by the commanders of the Atlantic, Pacific, and Asiatic fleets. 


270 OTHER POWERS OF CONGRESS 

present law—that of 1898—provides for both voluntary” 
and “involuntary” bankruptcy. Any debtor, except a 
corporation, may voluntarily have himself adjudged a 
bankrupt by filing a petition in a United States district 
court, showing that his liabilities are in excess of his assets. 
Any debtor except a corporation, a wage earner, or a farmer, 
may, against his will, upon petition of his creditors, be de¬ 
clared a bankrupt under certain conditions. 

Bankruptcy petitions are referred to “referees” for 
examination and report. After hearing the testimony on 
the petition the referee reports his findings to the court, 
which makes its decision largely on the basis of such find¬ 
ings. 

Implied Powers.—After expressly enumerating in suc¬ 
cession the various powers of Congress, the more important 
of which have been described above, the Constitution con¬ 
cludes with a sort of general grant, empowering Congress 
to make all laws which shall be necessary and proper for 
carrying into execution those enumerated above. This is 
sometimes called “the elastic clause,” since it is capable of 
being stretched by interpretation to cover many matters 
that Congress might not otherwise feel authorized to deal 
with. It is doubtful, however, whether it really adds any¬ 
thing to the power of Congress, since that body would 
unquestionably have authority to do whatever is necessary 
and proper to carry into effect the powers expressly con¬ 
ferred upon it. It is a maxim of constitutional construction 
that wherever power to do a^ particular thing is conferred, 
the means for doing it are implied. Manifestly it would 
have been impossible to set forth in detail all the incidental 
powers necessary to be exercised in carrying into effect the 
mandates of the Constitution relating to taxes, coinage, 
post offices, making war, etc. 


IMPLIED POWERS 


271 

Liberal vs. Strict Construction .—The question of the in¬ 
terpretation of the scope and meaning of this grant of 
powers arose very early in the history of the national gov¬ 
ernment, in connection with the proposition of Hamilton to 
establish a United States bank. Hamilton contended that 
the authority to establish such an institution was clearly 
implied in the power to borrow money and pay the debts 
of the United States. A federal bank, he urged, was a 
proper if not a necessary means for carrying into effect 
these important powers of Congress, just as the establish¬ 
ment of a mint was necessary to carry out the power relat¬ 
ing to the coinage of money. Jefferson and his school of 
political thinkers, however, held to a strict interpretation 
of the Constitution and maintained that Congress had no 
right to exercise any power which was not expressly con¬ 
ferred. The view of the “loose’’ or “liberal” construc¬ 
tionists, however, prevailed, and from the beginning Con¬ 
gress has relied upon the doctrine of implied powers for its 
authority to legislate on many important questions. 

Examples of Implied Powers .—It was upon this author¬ 
ity that foreign territory has been purchased and governed; 
that a protective tariff has been levied; that a national 
bank was established; that legal tender paper money has 
been issued; that the construction of the Panama Canal has 
been undertaken; that ship subsidies have been granted; 
that postal savings banks have been established; that ed¬ 
ucation has been fostered; and many other activities un¬ 
dertaken. The policy of liberal interpretation was first. 
adopted by Chief Justice Marshall of the Supreme Court 
and his associates, and with rare exceptions has been fol¬ 
lowed by the court throughout its entire history. The ef¬ 
fect has been to strengthen the national government and 
render it capable of fulfilling the great purposes for which 


272 


OTHER POWERS OF CONGRESS 


it was created. The whole course of our political and con¬ 
stitutional history is different from what it would have 
been had the view of the strict constructionists prevailed. 

References.— Andrews, Manual of the Constitution, pp. 120-148. 
Beard, American Government and Politics, ch. xix. Cooley, Prin¬ 
ciples of Constitutional Law,*pp. 94-1 ii. Fairlie, National Admin¬ 
istration, chs. ix, X, xii. Hart, Actual Government, ch. xxiv. 

Documentary and Illustrative Material.—Copies of the annual 
reports of the Postmaster-General, the Librarian of Congress, the 
Commissioner of Patents, the Secretary of War, and the Secretary of 
the Navy, all of which may be obtained gratis from the officials 
mentioned. 

Research Questions 

1. Why should the postal service be conducted by the govern¬ 
ment? Should the transportation of the mail be a government 
monopoly? 

2. Should the rates of postage on second-class matter, m your 
opinion, be increased? Why? 

3. What are the advantages of a postal savings bank system? 

4. Ought the government to establish a parcels post system? To 
what extent do we already have a parcels post service? 

5. Do you think our postal facilities with South America and the 
Orient should be improved by means of ship subsidies? 

6. What would be the advantage of making the tenure of post¬ 
masters permanent? 

7. Why should the granting of copyrights and patents be placed 
under the jurisdiction of the national government rather than under 
that of the state governments? 

8. Why should the term of a copyright or patent be limited? 

9. Socialists argue that since the granting of a patent to an in¬ 
ventor secures to him a monopoly of the manufacture and sale (Jf his 
invention, the government ought not to grant patents for such pur¬ 
poses. What is your opinion of this argument? Would it be better 
for the government to compensate the inventor and remove the 
restrictions upon the manufacture and sale of his invention? 

10. Why are the appropriations for the maintenance of the army 
limited to two years? 



State, War, and Navy Building, Washington, D.C. 



Midshipmen of the Naval Academy, Annapolis, Maryland, 
on their way to a Drill Ship 


KIV 














RESEARCH QUESTIONS 273 

11. Should the expenditures on account of the army and navy, in 
your opinion, be reduced? 

12. What do you understand by the movement among the nations 
for disarmament? Do you think disarmament desirable or prac¬ 
ticable? 

13. Tell something of the objects and results of The Hague Peace 
Conferences. Give examples of some disputes between the United 
States and other countries that have been settled by arbitration. 

14. What is the purpose of a bankruptcy law, and why should the 
power to enact bankruptcy legislation be conferred upon Congress 
rather than left to the states? 

15. What is the distinction between “implied” and “inherent” 
powers under the Constitution? Give some examples of each. 

16. Which in your judgment is the safer policy, that of strict 
construction of the Constitution or Hberal construction? 


Govt. U. S.—-18 


CHAPTER XV 


THE PRESroENCY: ORGANIZATION AND MODE OF ELECTION 

The Presidential Office.—One of the weaknesses in the 
organization of the government under the Articles of Con¬ 
federation was, as we have seen, the lack of an executive 
to carry into effect the resolutions of Congress and the 
treaties of the United States. There was no doubt, there¬ 
fore, in the minds of the framers of the Constitution in 
regard to the desirability of providing for an executive de¬ 
partment coordinate with the legislative department. It 
was accordingly declared that the executive power should 
be vested in an officer called the President of the United 
States. 

Proposed Executive Council .—While the convention was 
practically unanimous in the view that the supreme ex¬ 
ecutive power should be vested in a single person, a good 
many members looked with favor on a proposition to as¬ 
sociate with the President an executive council which 
should share with him the exercise of the executive power 
in certain important fields. Most of the state constitutions 
then in force had provided such councils, and now that a 
national executive with far larger powers was being created 
there was all the more reason why it should be placed to 
some extent under the guardianship of a council. But the 
proposition was rejected, and in its place the Senate was 
charged with acting as an executive council to the President 

274 


THE PRESIDENTIAL OFFICE 


275 


in negotiating treaties and the making of appointments, 
but in no other respects. 

Qualifications of the President.—The Constitution re¬ 
quires that the President shall be a natural born citizen of 
the United States,^ that he must have attained the age of 
thirty-five years, and must have been fourteen years a resi¬ 
dent of the United States. The same qualifications are re¬ 
quired of the Vice President. 

The Presidential Term.—There was considerable dis¬ 
cussion in the convention regarding the term of the Presi¬ 
dent. It was first decided that the term should be seven 
years and the President made ineligible to a second term, 
but upon further consideration the convention decided to 
fix the term at four years and nothing was said in regard 
to reeligibility. The result is, the President may serve as 
many terms as the people may see fit to elect him. The 
following Presidents have been elected to two terms: Wash¬ 
ington, Jefferson, Madison, Monroe, Jackson, Lincoln,' 
Grant, Cleveland, McKinley, and Wilson.^ Cleveland, 
after serving one term, was renominated by his party but 
was defeated by the Republican candidate. He was then 
nominated for the third time by his party and was elected. 
Washington declined a third term and his example has 

^ Or a citizen of the United States at the time of the adoption of 
the Constitution. This exception was made out of respect to the 
distinguished men of foreign birth, such as Alexander Hamilton and 
James Wilson, who were members of the convention that framed the 
Constitution. As more than a hundred years have elapsed since the 
adoption of the Constitution, the exception, of course, no longer has 
any meaning. 

* Mr. Roosevelt became President by the death of President Mc¬ 
Kinley about half a year after the beginning of the latter’s second 
term. He served out the unexpired term of Mr. McKinley and was 
elected to the following full term of four years. 


276 THE PRESIDENCY: ORGANIZATION, ETC. 

been followed by his successors. The precedent thus es- 
tabhshed, that the President shall serve only two terms, 
has become part of our unwritten constitution, and but 
two attempts have ever been made to break the custom.^ 

Mode of Election.—No question consumed so much of 
the time of the convention as that relating to the method 
of choosing the President. Various schemes were proposed. 
A few members favored election by the people ; others 
urged election by Congress. Against the method of popu¬ 
lar choice it was argued that the people were not compe¬ 
tent to choose a chief magistrate for the entire country, 
and besides, under such a system, they would be influ¬ 
enced by demagogues and scheming politicians. Again, 
the tumults and disorders, the ‘‘ heats and ferments ” of a 
popular election would convulse the community to the 
breaking point. Against the method of election by Con¬ 
gress, it was urged that the President would be a mere 
' creature or tool of that assembly and would be under the 
temptation of making promises or entering into bargains 
with influential members in order to secure an election. 
Moreover, such a method was contrary to the great prin¬ 
ciple upon which all the members were agreed, namely, 
that the three departments of the national government 
should be kept separate and independent of one another. 

The clause as finally adopted provides that the President 
shall be chosen, not directly by the voters, but by electors 
to be appointed in each state in such manner as the legis¬ 
lature thereof may direct, each state to have as many elec¬ 
tors as it has senators and representatives in Congress. 

^ The first was made by ex-President Grant, who in 1880 was a 
candidate for the Republican nomination for a third term, but failed 
to secure it. The second was made by ex President Roosevelt in 
1912. 


MODE OF ELECTION 


277 

Breakdown of the Electoral Plan .—It was at first expected 
that the electors of the different states, composed of lead¬ 
ing citizens presumably well acquainted with the qualifi¬ 
cations of the candidates for the chief magistracy, would 
meet at the state capitals, discuss among themselves the 
strength and weaknesses of the several candidates, and 
then exercising their full judgment, cast their votes for 
the fittest. But the scheme quickly broke down in prac¬ 
tice, and instead of a real choice by small bodies of men, 
we have a system which amounts to direct election by the 
masses of the voters, though the form of indirect election 
is still followed. As soon as political parties were thor¬ 
oughly organized, the electors, who were intended to be 
men ‘^capable of analyzing the qualities adapted to the 
Presidential office,” were reduced to the position of party 
puppets who no longer exercised their own judgment in 
choosing the President but merely registered, like automata, 
the will of their party. As Ex-President Harrison once re¬ 
marked, an elector who should fail to vote for the nominee 
of his party would be the object of execration and in times 
of very high excitement might be the subject of a lynching.^ 
So closely do the electors obey the will of their party that 
we always know at the close of election day, on Tuesday 
after the first Monday in November, when the electors 
themselves are chosen, who will be the next President, 
though in fact the electors do not meet in their respective 
states until the following January, formally to register the 
choice of the people. 

Choosing Presidential Electors.—In the beginning the 
presidential electors of each state were chosen by the leg¬ 
islature, either by joint ballot of the two houses sitting to¬ 
gether, or by concurrent vote. In the course of time, how- 
1 “This Country of Ours,” p. 77. 


278 THE PRESIDENCY: MODE OF ELECTION 

ever, popular election of electors was introduced, South 
Carolina (1868) being the last state to choose its electors 
by the legislature. 

Choice by General Ticket the system of popular 
choice of electors was adopted, two different methods were 
followed: choice by districts, and choice on general ticket 
from the state at large; but by 1832 all the states except 
Maryland had adopted the general ticket method, and now 
there is no state which follows the district method. 

Representatives in Congress, as we have seen, are elected 
by districts, and hence the delegation in Congress from 
a particular state is often divided between Democrats and 
Republicans. But not so with Presidential electors; usu¬ 
ally the party in the majority in the state, however small the 
majority, chooses all the electors. Thus when the Demo¬ 
cratic party carried New York by a majority of hardly 
more than 1,000 votes in 1884, the entire electoral vote was 
counted for Cleveland.^ 

Among the results of the rule which gives the entire 
electoral vote of the state to one of the candidates, not¬ 
withstanding the size of the vote polled by the other can¬ 
didate, is that each party concentrates its efforts in the 

1 It sometimes happens that the electoral vote of a state is divided, 
though the instances are rare. This may be due to the personal un¬ 
popularity of one of the electoral candidates of the majority party, or 
it may be due to the mistake of many voters in casting their ballots 
for the candidate for elector at the head of the ticket only, believing 
that they are thereby voting for the whole ticket. As a result of the 
former cause, Harrison received one vote in California in 1892, while 
Cleveland had the other eight. As a result chiefly of the latter 
blunder, Taft received only two electoral votes in Maryland in 
1908, and Bryan received the other six. In 1916 the vote of West 
Virginia was divided, Wilson receiving one vote and Hughes the other 
seven. 


CHOOSING PRESIDENTIAL ELECTORS 


279 

large ‘'pivotal” states whose votes are decisive, and thereby 
bribery and fraud in such states are powerfully stimulated. 

Candidates for the office of elector are nominated usually 
by the state conventions of each party. No senator or rep¬ 
resentative or any person holding an office of honor, trust, or 
profit under the United States is eligible to the office of elec¬ 
tor. Congress, under the Constitution, has power to fix the 
day on which the electors shall be chosen, and it has fixed 
the day as Tuesday after the first Monday in November. 

Electoral and Popular Vote .—Generally the candidate 
for President whose electors receive the largest popular 
vote will also receive the largest electoral vote; but this 
has not always happened, and usually there is only a rough 
correspondence between the popular vote and the electoral 
vote. Thus in i860 Lincoln received only about forty per 
cent of the popular vote, though he received a substantial 
majority (about fifty-nine per cent) of the electoral vote. 
Again, in 1864 he received only about fifty-five per cent of 
the popular vote, but ninety-one per cent of the electoral 
vote. In 1912 Wilson received forty-two per cent of the 
popular vote, and eighty-two per cent of the electoral vote. 
Such discrepancies are due to the fact that the entire elec¬ 
toral vote of a state is usually cast for the candidate who 
receives a plurality of the popular vote of the state, how¬ 
ever small it may be. A party, therefore, may carry 
enough states by small margins to secure a majority of the 
electors and yet be in a minority so far as the popular vote 
of the entire coimtry is concerned. 

Choice of the President by the Electors.—The electors, 
on the second Monday of January following their election, 
assemble in their respective state capitals for the purpose 
of choosing the President.^ The Constitution as it now 

^ The day on which the electors assemble must be the same through- 


28o the PRESIDENCY: MODE OF ELECTION 

stands requires the electors to vote by ballot for President 
and by a distinct ballot vote for Vice President, and make 
separate lists of all persons voted for as President and of 
all persons voted for as Vice President. 

The Original Method .—The Constitution as originally 
adopted did not require the electors in casting their bal¬ 
lots to indicate the person for whom they were voting as 
President and whom for Vice President, or to prepare dis¬ 
tinct lists. The one who received the highest vote (if a 
majority) was to be President, and the one receiving the 
next highest number (whether a majority or not) was to be 
Vice President. The result of this method of choosing the 
President was that as soon as political parties were formed 
and the electors came to vote strictly on the basis of party 
there would be a tie between the two persons highest on 
the list, and as there was nothing to show on the record 
which was intended for President and which for Vice 
President there would be no election. This happened in 
i8oi, when Jefferson and Burr each received seventy-three 
electoral votes, and the choice between them had to be 
made by the house of representatives as the Constitution 
provides. 

Twelfth Amendment .—To remove the difficulty, the 
Twelfth Amendment was adopted in 1804, requiring the 

out the Union. The purpose of this requirement is to prevent deals 
or bargains among the electoral “colleges” of the different states. 
Moreover, meeting on the same day, the action of one state cannot be 
used to influence that of another. In 1857 the electors of Wisconsin 
were prevented by a snowstorm from assembling at the state capital 
on the day fixed by law. On the day following they met and cast the 
vote of the state for Fremont. But when the question of counting 
Wisconsin’s vote came up in Congress, objection was made that it 
had not been cast on the day prescribed by law. As the vote of the 
state was not decisive, the matter did not become serious. 


CHOICE OF PRESIDENT BY THE ELECTORS 281 

electors in preparing their ballots to indicate their choice 
for President and their choice for Vice President so that 
the person intended for the latter office could not be con¬ 
fused with the person intended for President. The amend¬ 
ment also requires a majority of the electoral vote to elect 
the Vice President as well as the President. 

Restrictions on the Electors .—In casting their votes the 
electors are prohibited from voting for candidates for both 
offices from the same state as themselves. The purpose of 
this provision is to prevent the electors from one state— 
if any state should ever become powerful enough—from 
choosing both the President and the Vice President from 
that state. This does not mean, however, that both the 
President and the Vice President could not be elected from 
the same state, since the electors of the other states are 
not prohibited from voting for two candidates from the 
same state. 

Formalities and Precautions .—The Constitution requires 
the electors of each state to sign, certify, seal, and transmit 
to the president of the United States senate, a list of the 
votes cast for President and Vice President. The statutes 
also require two additional lists to be prepared, one to be 
sent to the president of the senate by special messenger, 
and the other to be deposited with the nearest United States 
district judge. These extra precautions are taken to pre¬ 
vent the loss of the state’s votes through accident or other¬ 
wise. This done, the office of the Presidential elector ex¬ 
pires and the electoral colleges cannot be again summoned 
to correct errors or to make a new choice in case the Presi¬ 
dent elect should die before inauguration. 

Counting the Electoral Vote.—The Constitution directs 
that the votes transmitted to the president of the senate 
shall be opened in the presence of both houses of Congress 


282 


THE PRESIDENCY: MODE OF ELECTION 


and that the votes shall then be counted. The Constitu¬ 
tion does not say who shall count the votes. Apparently 
the framers believed that the process of counting would 
never involve anything more than a simple act of addition. 
But in the course of time disputed returns began to be sent 
in, and then the process of counting came to involve the 
more difficult task of determining what should be counted. 
Thereupon the question was raised, who shall count? Was 
the president of the senate to count and the two houses 
act merely as spectators, or was the president of the senate 
to open the votes and the two houses do the counting? For 
a long time, when the disputes were not serious enough to 
affect the result, the president of the senate was allowed 
to count the vote and proclaim the result.^ In 1865 by a 
joint rule Congress assumed the right to count the elec¬ 
toral vote, thus taking the power away from the president 
of the senate. 

The Disputed Election of i 8 y 6 .—In 1876 a serious elec¬ 
tion dispute arose, involving the presidency. Both Hayes 
and Tilden claimed to have been elected, and the result 
depended upon which of two conflicting hsts of votes from 
Florida, Oregon, South Carolina, and Louisiana should be 
counted. Under the joint rule mentioned above, either 
house could reject a questionable vote. One of the houses 
was Democratic and the other Republican, and because of 
the great excitement over the matter, it was feared that 
the votes of many states might be rejected for trivial 
reasons. After much discussion, in the course of which 

^Thus Jefferson as president of the senate in 1801, counted the 
vote which elected him President of the United States and declared 
himself duly elected. So did Adams in 1797. Suppose there had 
been a serious dispute in either of these cases, could the president of 
the senate have counted for himself the votes in dispute? 


COUNTING THE ELECTORAL VOTE 283 

many ugly threats were made, C9ngress agreed to the crea¬ 
tion of an electoral commission, to decide the disputed 
votes. The commission was to consist of five senators, five 
representatives, and five justices of the Supreme Court. 
As finally constituted it was composed of eight Republi¬ 
cans and seven Democrats, and by a strict party vote the 
commission decided in favor of Hayes in every case, thus 
insuring his election. The minority accepted the result, 
but not without protest and criticism. 

The Act of 188 ^.—After this decision. Congress took up 
the task of devising permanent rules for counting the elec¬ 
toral vote, and finally in 1887 it passed an elaborate act 
which now regulates the electoral count. In brief, it places 
the responsibility so far as possible on the state authorities, 
and provides that the determination of each state as to 
how its electoral vote was cast shall, under certain condi¬ 
tions, be final. If, however, a state neglects to settle its 
own election contests, and double returns are transmitted 
to the president of the senate, the two houses of Congress 
sitting separately must determine how the votes shall be 
counted. But if the two houses fail to agree, as they did in 
counting the vote of 1876, then the vote of the state is 
lost. The day fixed by Congress for opening and counting 
the vote is the second Wednesday in February. 

Election by the House.—In case no candidate receives 
a majority of the electoral votes, the choice devolves upon 
the house of representatives. But in that case the house 
votes by states, each state having one vote, irrespective 
of its number of representatives, and the choice is made from 
the three candidates standing highest on the list.^ A 
quorum for the election of a President by the house con- 

1 It was from the five highest before the adoption of the Twelfth 
Amendment in 1804. 


284 THE PRESIDENCY: MODE OF ELECTION 

sists of a member or members from two thirds of the states, 
and the vote of a majority of all the states is necessary to a 
choice. 

Objections to Election by the House .—The objections to 
this method of choice are obvious. It is undemocratic, 
because the house on which the choice would devolve in 
any case would be, not the new house chosen at the recent 
election, but the old house, which might indeed, as has often 
happened, be in the hands of the political party defeated at 
the late election. In the second place, under such a scheme. 
New York with a population over 100 times as great as 
that of Nevada would have no larger share in choosing the 
executive. In 1873, for example, had the choice devolved 
upon the house, it would have been possible for 45 mem¬ 
bers (being a majority of the representatives of nineteen 
states) to determine the choice in spite of the wishes of 
the other 247 members. Finally, the state delegations in 
the house might be equally divided politically, and hence 
fail to elect.^ 

Instances of Choice by the House .—Twice has the electoral 
college failed to make a choice, thus giving the election to 
the house of representatives. 

In 1801, there was a tie between Jefferson and Burr, each 
having the vote of a majority of the electors. There were 
then sixteen states, of which eight voted for Jefferson, six 
for Burr, and two were evenly divided. On the thirty- 
sixth ballot the two divided states voted for Jefferson and 
he was elected, as the electors had originally intended. 

The second instance occurred in 1825, when the electoral 
vote stood as follows: for Jackson 99; for Adams 84; for 
Crawford 41; and for Clay 37, no one having a majority. 

^ This would have happened in 1912; 22 state delegations were 
Republican, 22 were Democratic, and 4 were equally divided. 


ELECTION BY THE HOUSE 


285 

Under the Twelfth Amendment Clay was dropped from 
the list and the choice was confined to the three highest 
candidates. There were then twenty-four states, and of 
these the representatives of thirteen voted for Adams, seven 
for Jackson, and four for Crawford. 

Election of the Vice President by the Senate.—The Con¬ 
stitution also provides that if no candidate for Vice Presi¬ 
dent receives a majority of the electoral vote the choice 
shall devolve upon the senate, in which case the election 
shall be made from the two highest on the list. Two thirds 
of the senate constitute a quorum for this purpose, and a 
majority of the whole number is necessary to a choice. Only 
once has the choice devolved upon the senate, namely, 
in 1836, when Richard M. Johnson, candidate for Vice 
President on the ticket with Mr. Van Buren, failed to re¬ 
ceive a majority of the electoral vote. He was promptly 
elected by the senate. 

Methods of Nomination.—Neither the Constitution nor 
the laws of the United States make any provision in regard 
to the nomination of the candidates for President and Vice 
President. That is left entirely to the regulation of the 
political parties themselves. In the early history of the 
republic, before political parties had risen, no nominating 
machinery was devised, for none was needed. 

Early Methods .—With the rise of political parties, how¬ 
ever, the method of nomination by congressional caucus 
was introduced; that is, the members of Congress belong¬ 
ing to each political party assumed the power of selecting 
its candidate in secret conclave. -In this way Jefferson was 
nominated by the Republican members of Congress in 
1800 and 1804, Madison in 1808 and 1812, and Monroe 
in 1816 and 1820. In the same way the Federalist mem¬ 
bers put forward their candidates. In some cases, however, 


286 THE PRESIDENCY; MODE OF ELECTION 

presidential candidates were nominated by state legisla¬ 
tures. In the course of time, strong opposition grew up 
against the method of nomination by members of Congress, 
and after 1824 the caucus system was never again resorted 
to. The new nominating machinery which took its place 
was the national convention, which came into use between 
1831 and 1840. 

The National Convention.—A national convention to 
nominate candidates for President and Vice President is 
composed of delegates from each state and territory in the 
Union, the number to which each is entitled being usually 
twice its number of senators and representatives in 
Congress.^ Altogether the national convention consists of 
about 1,000 delegates. For each delegate there is an al¬ 
ternate who attends the convention and in case of the ab¬ 
sence of the delegate, takes his place. 

Formerly the four delegates-at-large of each party were 
chosen by the state convention, and the other delegates 
by congressional district conventions. When direct pri¬ 
mary laws were introduced, some states provided that the 
latter delegates should be selected by the voters of each 

1 Apportionment of delegates among the states on the basis of their 
representation in Congress bears no relation to the party strength. 
For some years there has been a growing sentiment in the ranks of 
the Republican party in favor of reducing the representation in the 
national convention of the Southern states where the Repubhcan 
party is practically nonexistent. In December, 1913, the Republican 
national committee adopted a resolution prescribing that represen¬ 
tation in the national convention of 1916 should to a certain extent be 
based on the number of the voters of the party in each congressional 
district. The effect was to reduce the number of southern dele¬ 
gates by eighty-seven, and the number of northern delegates by seven. 
The basis of representation in the Democratic convention, however, 
remains unchanged. 


THE NATIONAL CONVENTION 287 

party at the primary, leaving the delegates-at-large to be 
chosen as formerly by the state convention. In 1912 a num¬ 
ber of states passed what are known as presidential pref¬ 
erence primary ’’ laws under which delegates to the national 
conventions of that year were chosen. Some of these laws 
permit the voters to choose their delegates to the national 
convention but without allowing them to indicate their 
preference for any presidential candidate; others allow a 
direct expression of the popular preference for presidential 
candidates but make no provision for binding the delegates 
to nominate the candidate preferred by the majority of the 
voters; some, however, provide both for an expression of 
the popular preference and for binding the delegates to the 
national convention. More than one third of the states 
now have laws of one or another of these three types. 

The Time and Place for holding the national convention 
are fixed by the national committee. The date usually 
falls in the latter part of June or early in July of the year 
the President is to be elected, and the place is usually 
some large city centrally located. 

Procedure of a National Convention.—The convention is 
usually held in some spacious building especially erected 
for the purpose. Besides the delegations of the states, 
there are the alternates, hundreds of politicians who are not 
delegates, newspaper reporters, and thousands of spectators 
from all parts of the country, for all of whom accommoda¬ 
tions are needed. 

Organization of the Convention .—The convention is called 
to order by the chairman of the national committee, and 
the secretary of the committee reads the call for the con¬ 
vention. Next come the choice of a temporary chairman, 
and the appointment and report of committees on cre¬ 
dentials, on permanent organization, on rules, and on res- 


288 THE PRESIDENCY: MODE OF ELECTION 

olutions much as in the state conventions described on 
PP- 153-155* 

The Platform is a series of resolutions commending the 
national administration, or denouncing it, as the case may 
be, and setting forth the position of the party on the politi¬ 
cal issues of the day. Declarations are often made in the 
platform to attract or conciliate large masses of voters, 
sometimes when there is no real intention of carrying them 
out. The platform is usually adopted by the convention 
as reported by the committee on resolutions, but some¬ 
times important changes are made on the floor after a 
spirited contest. 

The Nominations .—After the adoption of the platform, 
the nomination of candidates for President is in order. 
The clerk calls the roll of the states in alphabetical order 
so that each is given an opportunity to present the name of 
its choice. The vote is then taken by a roll call of the 
states, the chairman of each state delegation usually an¬ 
nouncing the vote of the state. Under the rules of the 
Republican party the delegates vote as individuals, so 
that the vote of a state is often divided between two or 
more candidates, unless the conventions which appointed 
the delegates have instructed them to cast the vote of the 
state for a particular candidate. According to the unit 
rule ” of the Democratic party, the state delegations vote 
as units and not as individuals, so that there is no division 
of a state’s vote; the majority of each delegation deter¬ 
mines how the votes of the state shall be cast.^ The 
rules of the Democratic and Republican parties also differ in 
the majority necessary to nominate a candidate. 

The Vote Necessary to Nominate .—According to the rules 
of the Republican party, a majority of the delegates is 

1 The convention of 1912 excepted certain states from this rule. 


PROCEDURE OF A NATIONAL CONVENTION 289 

sufficient to nominate, but under the rules of the Demo¬ 
cratic party the concurrence of two thirds of the delegates 
is required. Thus if there are 1,000 delegates in the con¬ 
vention, 501 may nominate under the Republican rule, 
while 667 would be required under the rules of the Demo¬ 
cratic party. The large majority necessary to nominate 
in the Democratic convention }ias often resulted in the 
defeat of the leading candidate and the nomination of a 
‘‘dark horse,that is, a candidate whose name has not 
been previously presented to the convention or which has 
not been prominently kept before it. Presidents Polk and 
Pierce were nominated in this way. 

Nomination of Vice President. —Usually there is little 
contest over the nomination of the Vice President, the 
nomination usually being given to some one supported by 
a defeated faction or group of the party, or to a particular 
section of the country. Thus if the presidential nomina¬ 
tion goes to an Eastern man, the vice presidential nomina¬ 
tion is likely to be given to a Western man. In view of the 
comparatively large number of Presidents who have died in 
office it is to be regretted that so little consideration is 
given to the nomination of candidates for Vice President. 

Notification of tJw Candidates. —The candidates are for¬ 
mally notified some weeks later by a committee specially 
appointed for the purpose. The nominee in a formal speech 
accepts the nomination and pledges himself to support the 
platform. Usually this is followed by a letter of acceptance 
in which the views of the nominee are elaborated more at 
length. This completes the formalities of nomination, and 
the next step is to inaugurate the campaign for the election 
of the nominees. 

Conduct of a Presidential Campaign.— The National 
Committee.—The, main task of managing the campaign 
Govt. U. S.—19 


290 THE PRESIDENCY: MODE OF ELECTION 

falls on the chairman of the national committee. This 
committee is made up of one member from each state and 
territory, and is chosen by the national convention which 
nominates the candidates.^ The chairman is usually an 
experienced political leader with a wide acquaintanceship, 
and is a trusted friend of the presidential candidate, by 
whom, in fact, he is usually selected. 

Soon after the adjournment of the convention, the na¬ 
tional committee meets and organizes. In addition to the 
national chairman a treasurer and a secretary are chosen. 
The treasurer raises and has custody of the enormous funds 
expended in the conduct of the campaign. As the national 
chairman may be compared to a general who commands 
the forces, the treasurer is the man who raises the sinews 
of the war. 

Work of the National Committee .—The headquarters of 
the committee are usually established in New York city, 
with branch offices in Chicago or Washington, though 
during the campaign of 1908 the principal headquarters 
were located in Chicago. The work of the committee is 
usually divided among bureaus or divisions, one of which 
has charge of the mailing of campaign literature, another is 
engaged in the tabulation of reports, another looks after 
the employment and assignment of speakers, another has 
charge of the organization of voters’ clubs throughout the 
country, etc.^ Large quantities of campaign literature, 
consisting of a ^‘Campaign textbook,” speeches of the can- 

1 In reality each state delegation names one of its own number as 
the national committeeman from the state, and the committee thus 
constituted is appointed by the convention. 

2 In 1908, the Democratic national committee had a labor bureau 
to look after the labor vote, and a committee on coUege men’s clubs 
to look after the organization of college students into voters’ clubs. 


CONDUCT OF A PRESIDENTIAL CAMPAIGN 


291 

didates or of members of Congress, pamphlets, leaflets, 
posters, lithographs, and in fact everything calculated to in¬ 
fluence the voters, are sent broadcast throughout the coun¬ 
try and particularly in the close or doubtful states where 
the principal efforts of the committee are concentrated.^ 

Activity of the Presidential Candidate .—Formerly it was 
not considered proper for the presidential candidates them¬ 
selves to take an active part in the campaign by traveling 
about the country and making speeches, but in recent 
years there has been a change in this respect. Mr. Bryan 
in 1896 traveled about the country and delivered hundreds 
of speeches in behalf of his candidacy, and he pursued a 
similar course in 1900 and again in 1908 when he was the 
Democratic candidate. In the latter year, Mr. Taft, the 
Republican candidate, likewise entered* actively into the 
campaign and delivered more than 400 speeches in thirty 
different states. In 1912 Mr. Wilson and Mr. Roosevelt 
made extensive campaign tours and delivered many 
speeches. Similar tours were made in iqi6. 

Raising and Expenditure of Campaign Funds.—The 
management of a national political campaign requires the 
expenditure of large sums of money for printing, postage, 
telegram's, express, rent of halls, music, expenses of speak¬ 
ers, organizing clubs, and the like. This money is spent 
solely under the direction of the national chairman, who 
until recently was not required to render an account of 
the moneys contributed for this purpose. 

The Raising of Campaign Funds .—Prior to 1884 the ex¬ 
penditures on account of a national campaign were com- 

Tn 1908, more than one million copies of Mr. Bryan’s speech 
“Shall the People Rule” were distributed, printed in aU languages 
spoken in the United States. Another million copies of his speeches 
on the trusts, the tariff, guarantee of bank deposits, and injunc¬ 
tions were also circulated. 


292 THE PRESIDENCY: MODE OF ELECTION 

paratively small and were raised by the party in power 
largely by assessments on federal officeholders; but the 
civil service law enacted in the year previous forbade 
assessments of this kind and thus cut off an important 
source of supply. More attention then began to be turned 
toward the great corporations, many of which desired to 
become the beneficiaries of special legislation or to secure 
immunity from government interference with the manage¬ 
ment of their business. In a recent campaign, one cor¬ 
poration, a life insurance company, contributed $200,000; 
one railroad company gave $100,000; and many others 
$50,000. Sometimes a corporation contributes equally to 
the campaign funds of both parties, on the principle that 
it is a wise policy to be on good terms with each. 

Contributions of Corporations now Forbidden. —The rais¬ 
ing and spending of so much money as a part of the process 
of electing a President has recently given rise to a demand 
that the sources of national campaign contributions should 
be made public. Moreover, it is coming to be regarded 
as an evil that the large corporations who desire beneficial 
legislation or immunity from prosecution should have be¬ 
come the chief contributors to campaign funds. This feel¬ 
ing led to the enactment by Congress in 1907 of a law for¬ 
bidding national banks and other corporations which have 
charters granted by Congress, from making contributions 
to the campaign funds of any party at any election, na¬ 
tional, state, or local. The law also prohibits any corpo¬ 
ration, whether chartered under the authority of the 
national government or not, from making campaign con¬ 
tributions at any election at which the President of the 
United States or any member of Congress is to be chosen. 

Publicity of Campaign Contributions. —In 1910 Congress 
passed a law requiring the treasurer of each national party 


RAISING AND EXPENDITURE OF CAMPAIGN FUNDS 293 

committee to make and publish after the election a sworn 
statement showing every contribution of $100 or more 
received by him, every expenditure of $10 or more, and the 
totals of all other contributions and expenditures. 

Finally, in 1911, Congress went still further and passed a 
law requiring the publication of such statements before the 
election. The elections affected by these acts are those of 
President and members of Congress. The act of 1911 for¬ 
bids any candidate for representative to spend or promise 
more than $5,000, and any candidate for senator more than 
$10,000, in his campaign. And such candidates are required 
to file statements of all campaign receipts and expenditures. 

The Succession to the Presidency.—The Constitution 
declares that in case of the removal of the President from 
office, or of his death, resignation, or inability to discharge 
the powers and duties of his office, the same shall devolve 
upon the Vice President. In case of the removal, death, 
resignation, or inability of both the President and the Vice 
President, Congress is authorized to provide for the suc¬ 
cession. The only way in which the President may be 
removed is by impeachment and conviction. President 
Johnson was impeached, mainly for the violation of the 
tenure of office act, but the senate failed by one vote to 
convict him. Had he been convicted the office would have 
been declared vacant. There has been no instance of the 
resignation of a President.^ Five Presidents have died in 
office: Harrison, Taylor, Lincoln, Garfield, and McKinley. 
In each case the dead President was succeeded by the Vice 
President. No case of inability to discharge the duties of 

1 John C. Calhoun resigned the Vice Presidency to become a senator 
from South Carolina. The statutes provide that the President shall 
signify his resignation, in case he resigns, by a letter to the secretary 
of state. 


294 the PRESIDENCY: MODE OF ELECTION 

the presidential office has ever been construed as existing, 
though in fact such a case existed from July 2, 1881, when 
President Garfield was shot, to September /p, when he 
died. A similar case existed during the period in which 
President McKinley lingered on his deathbed, from Sep¬ 
tember 6 to September 14, 1901. In neither case did the 
Vice President assume the reins of office until death had 
made the office vacant. 

Succession Law of 1^92 .—Congress provided by law in 
1792 that in case of the removal, death, resignation, or 
inability of both the President and the Vice President, the 
president pro tempore of the senate should succeed, and after 
him the speaker of the house. There were several practical 
and political objections to this arrangement, however. In 
the first place, there might be considerable periods of time 
when there was no president pro tempore of the senate or 
speaker of the house, and consequently no one to succeed in 
case of a vacancy.^ Another objection to the law—po¬ 
litical in character—was illustrated by the situation that 
existed in 1886. The Democratic Vice President Hendricks 
had died, and in case the presidential office had become 
vacant it would have been filled by a Republican president 
of the senate. Thus the executive branch of the govern¬ 
ment would have passed from the hands of the party that 
had carried the country at the last election, to the other 
party, merely by the death of a public officer. 

' From March 4 to October 10, 1881, there was no president of the 
senate, and from March 4 to December 15 of the same year there was 
no speaker, the new house not having met and organized. Had Vice 
President Arthur died or been removed from office before Mr. Gar¬ 
field’s death there would have been no one to succeed to the vacancy 
until October 10, when a new president pro tempore of the senate 
was chosen. 


THE SUCCESSION TO THE PRESIDENCY 295 

Succession Act of 1886 .—In 1886 Congress changed the 
law so as to give the succession to the presidency to the 
members of the cabinet, in the order of the creation of their 
departments, in case of the death or removal of both the 
President and the Vice President. As the members of the 
cabinet usually belong to the same party as the President 
and Vice President, the office in such a contingency would 
remain in the control of the party which elected the Presi¬ 
dent at the last election. No special provision has yet 
been made, however, in regard to the succession in case 
the President elect and Vice President elect should die 
after their election by the electoral college on the second 
Monday in January and before their inauguration on the 
4th of March. The electoral college could not be recon¬ 
vened because it becomes functus officio immediately after 
electing the President. As the law stands, the succession 
would probably go to some member of the old cabinet, who 
might be of the opposite party. In such a case, however. 
Congress might provide for a special presidential elec¬ 
tion. 

References.— Andrews, Manual of the Constitution, pp. 166-177. 
Beard, American Government and Politics, ch. ix. Bryce, The 
American Commonwealth (abridged edition), chs. vi, vii, lii-liv. 
Fuller, Government by the People, ch. vii. Harrison, This Country 
of Ours, chs. iv-v. Hart, Actual Government, pp. 261-267. Hins¬ 
dale, American Government, chs. xxix-xxxi. Stanwood, History 
of the Presidency. Woodburn, The American Republic, pp. 116- 
136. 

Documentary and Illustrative Material.—i. Congressional Direc¬ 
tory. 2. Copy of the call for a national convention. 3. Addresses 
of the temporary and permanent chairmen of the last national con¬ 
vention. 4. The Democratic and Republican campaign textbooks. 
5. Copy of the election returns. 6. Specimen ballots containing the 
names of candidates for presidential electors. 


296 THE PRESIDENCY; ORGANIZATION, ETC. 

Research Questions 

1. How many votes is your state entitled to in the electoral college? 
What proportion of the total electoral vote is that? Can you give 
the names of any of the presidential electors from your state at the 
last election? 

2. What was the popular vote received by the Republican candi¬ 
date for President in your state at the last election? By the Demo¬ 
cratic candidate? 

3. Name the Presidents who received only a minority of the popu¬ 
lar vote. 

4. Suppose a vacancy should occur in the electoral college of a state 
by the death of an elector, is there any way by which it could be filled? 

5. Suppose the candidate for President should die after the popular 
election in November and before the meeting of the electors in Janu¬ 
ary, for whom would the electors cast their vote? Have there been 
any actual instances of this kind? 

6. Suppose the President elect should die before the votes are 
opened and counted by Congress, who would be declared President? 

7. Have there been any instances since 1820 in which a presiden¬ 
tial elector voted against the candidate of his own party? 

8. What would be the principal advantage' in extending the term 
of the President and making him ineligible to succeed himself? 

9. Do you think the custom a wise one which prohibits the Presi¬ 
dent from serving more than two terms? 

10. What were the controversies at issue in the disputed election of 
1876? 

11. What were the objections to the method of nomination by con¬ 
gressional caucus? Who was the last candidate to be nominated by 
this method? 

12. Tell something about the first national convention held in the 
United States for the nomination of candidates for President and 
Vice President. 

13. How many parties nominated candidates for President and 
Vice President in the last presidential election? Give the popular 
vote received by each, in your state and in the country as a whole. 

14. Read the platforms of each party and contrast their positions 
on the leading political issues. 

15. How many delegates is your state entitled to in the national 


RESEARCH QUESTIONS 


297* 

convention? Who were the delegates at large from your state in the 
last Democratic national convention? In the last Repubhcan na¬ 
tional convention? 

16. Where did the Democratic and Republican parties hold their 
last national conventions? Who was the permanent chairman of 
each? 

17. What is your opinion of the “unit rule” followed by the Demo¬ 
cratic party? Of the “two-thirds” rule? 

18. Do you think it would be a wise rule to apportion the delegates 
from each state to the national convention on the basis of the party 
strength rather than on the basis of population? 

19. Since the people of the territories take no part in national elec¬ 
tions, ought they to be allowed to send delegates to the national 
convention? 

20. What is your opinion of the proposal to nominate candidates 
for President and Vice President by direct primary as state officials 
are nominated in many states? 

21. What is meant by the doctrine of “availability” in choosing 
candidates for President? What presidential candidates has your 
state furnished? 

22. Js Mr. Bryce’s assertion that great men are rarely elected 
President true? If so, why? 

23. Do you think presidential candidates should make campaign 
tours and deliver campaign speeches? / 


CHAPTER XVI 


THE PRESIDENCY (CONTINUED): INAUGURATION; POWERS 
AND DUTIES 

The Inauguration.—It is no longer the practice to notify 
the President officially of his election, and so without cer¬ 
tificate of election or commission, he presents himself at 
the national capital on the 4th of March to take the oath 
of office required by the Constitution and to enter upon the 
discharge of his duties. Toward noon on that day he pro¬ 
ceeds to the White House, as the official residence of the 
President is styled, where he joins the outgoing President 
and both are driven to the Capitol, followed by a proces¬ 
sion. The oath of office is usually administered by the 
Chief Justice of the Supreme Court on a platform erected 
for the purpose at the east front of the Capitol, and in the 
presence of a vast throng of spectators from all parts of the 
country.^ Following the custom set by the first Chief 
Executive, the President delivers a short inaugural address 
in which he foreshadows in a general way his policy as 
President, after which he returns with the Ex-President to 
the White House, where he Reviews for several hours the 
procession of visitors. 

^ The oath of office was administered to President Washington in 
New York city, then the temporary seat of government, by Chancellor 
Livingston of New York state. In 1917, the 4th of March faUing on 
Sunday, President Wilson took the oath of office twice: on Sunday in 
his office at the Capitol, and on the following day publicly in con¬ 
nection with the inaugural ceremonies. 

298 


THE INAUGURATION 


299 

Inaugural Pageantry .—The inauguration of the Presi¬ 
dent is made the occasion of a great pageant, to which 
hundreds o£ thousands of visitors throng from every part 
pf the Union. In the procession which escorts the President 
to the Capitol are militia companies, headed by governors 
of states, and civil organizations of every variety. Owing 
to the inclemency of the weather which often prevails at 
this season of the year, it has been proposed to change the 
date of the inauguration, but since this will involve an 
amendment to the Constitution if the inauguration is to 
take place at the beginning of the presidential term, the 
success of the movement is doubtful.^ 

Compensation of the President.—The Constitution de¬ 
clares that the President shall, at stated times, receive for 
his services a compensation which shall neither be increased 
nor diminished during the time for which he has been 
elected. He is also forbidden to receive any other emolu¬ 
ment either from the United States or from any state. 

The salary of the President was $25,000 a year until 
1873, when it was raised to $50,000. In 1909 it was raised 
to $75,000. Besides this salary there is an allowance of 
$25,000 a year for traveling expenses, and allowances for 
clerks, automobiles, house furnishings, fuel, lighting, etc., 
making in the aggregate some $250,000 a year. In the 
White House the nation furnishes the President with both 
a private and an official residence. 

1 When Vice Presidents Tyler, Johnson, Arthur, and Roosevelt 
succeeded to the presidency, Congress was not in session and the 
oath of office was administered without formalities. Mr. Arthur took 
the oath in New York city before a local jnagistrate, and Mr. Roose¬ 
velt did the same in Buffalo, where Mr. McKinley died. Vice Presi¬ 
dent Fillmore, however, took the oath of office as President in the 
presence of both houses of Congress, which happened to be in session 
at the time of the death of President Taylor. 


300 THE PRESIDENCY: INAUGURATION, ETC. 

Extent of the President’s Powers.—The powers of the 
President are partly conferred by the Constitution, partly 
by acts of Congress and treaties, and are partly the result 
of usage and precedent. The power which has been wielded 
at any given time, however, has depended upon the initia¬ 
tive and force of the President and the extent to which he 
enjoyed the confidence of Congress and the people. Again, 
the power which may be rightfully exercised depends upon 
the state of affairs under which the office is administered. 
In time of war the power of the President may be so ex¬ 
panded as to be limited in effect only by the necessities of 
the national existence. The powers wielded by President 
Lincoln during the Civil War were so great as to cause 
him to be frequently referred to as a dictator. After the 
outbreak of the war with Germany in 1917 vast and un¬ 
precedented powers were conferred on President Wilson by 
a succession of far-reaching acts of Congress. Among the 
extraordinary powers thus conferred on him were: the 
control of the manufacture and distribution of commodi¬ 
ties needful for war purposes, the requisition of ships and 
other war supplies, the fixing of prices of coal, wheat, 
sugar, steel, and various other commodities, the taking 
over and operation of private ship-building plants, the 
closing of liquor distilleries and the seizure of their stocks, 
the prohibition of exports to foreign countries, the seizure 
of German ships in American ports, the making of regula¬ 
tions in respect to the treatment of enemy aliens, and the 
taking over and operation of railroads, telegraphs, and 
telephones. 

Classes of Powers.—The various powers and duties 
which have been conferred on the President by the Consti¬ 
tution and the laws may be grouped under the following 
heads: 


CLASSES OF POWERS 


301 

1. The power and duty of executing the laws, including 
the power to appoint, direct, and remove public officers. 

2. The management of the foreign affairs of tne country. 

3. The power to command the army and navy. 

4. Legislative powers, including the sending of messages 
to Congress, the calling of extra sessions, and especially the 
power to veto acts of Congress. 

5. The power to grant pardons for offenses against the 
laws of the United States. 

Execution of the Laws.—The President is the head of 
the executive branch of the government, and it is his duty 
to see that the Constitution is preserved, protected, and 
defended, and that the laws enacted in pursuance thereof, 
the treaties made under its authority, and the decisions 
rendered by the federal courts are enforced throughout the 
United States. For these purposes the army, the navy, 
and the militia are at his disposal, and in case of resistance 
to the laws and authority of the United States, they may 
be employed by him in such manner as he may direct, 
to overcome such resistance. Moreover, nearly all the 
civil and military officers of the United States are appointed 
by him and are, to a large degree, subject to his direction. 

The Presidents Responsibility .—Unlike the state govern¬ 
ments, the national government is so organized as to con¬ 
centrate the power and the responsibility for the enforce¬ 
ment of the laws in the hands of a single executive. Those 
who are charged with aiding him in carrying out the gov¬ 
ernment are his own appointees, and their responsibility is 
primarily to him alone. 

Power of Appointment.—The Constitution declares that 
the President shall, with the ‘'advice and consent’’ of the 
senate, appoint all officers of the United States whose ap¬ 
pointment is not otherwise provided for by the Constitu- 


THE PRESIDENCY: POWERS AND DUTIES 


302 

tion, except that Congress may vest the appointment of 
inferior officers in the President alone, in the courts of law, 
or in the heads of departments.^ This is one of the most 
important powers devolving upon the President, and proba¬ 
bly consumes more of his time than all his other duties 
together. In the early days of the Constitution, the num¬ 
ber of appointments was small, but as the government 
service expanded, the number of offices to be filled steadily 
increased until there are now about 11,000 important 
presidential offices, that is, offices filled by the President 
and the senate. The tenure of office act of 1820 fixed the 
terms of the great bulk of federal offices at four years, and 
even where the term is not prescribed by statute, it is the 
custom for most appointees to be replaced at the expiration 
of four years, so that in practice the four-year tenure is uni¬ 
versal, except for federal judges, and each President must 
during his term make appointments to nearly all the 
presidential offices. In making these appointments he is 
not limited by any constitutional or statutory require¬ 
ments in regard to qualifications. He is the sole judge of 
the fitness of candidates for appointments. The only 
limitation upon his power is the necessity of securing the 
approval of the senate, a requirement already discussed in 
chapter x, pages 190-191. 

Appointments to Minor Positions are often made upon the 
recommendations of the representative in Congress from 
the district in which the office is located, though many 
such appointments are now made on the basis of exam¬ 
inations, under civil service rules. Obviously the Presi- 

^ The only officers appointed by the courts of law are clerks, re¬ 
porters, and other minor ministerial officers; but there are a large 
number of inferior officers in the various departments who are ap¬ 
pointed by the heads of departments, 


POWER OF APPOINTMENT 


303 

dent or the head of the department could not fill the thou¬ 
sands of minor positions of this sort without reliance upon 
the advice of others. They cannot investigate personally 
every application for appointments of this kind. It is natu¬ 
ral, therefore, that they should accept the recommendations 
of members of Congress, who are more apt to be acquainted 
with the qualifications of applicants in their districts, and 
who are familiar with local conditions. 

Power of Removal.—While the Constitution expressly 
authorizes the President to appoint officers, with the con¬ 
sent of the senate, it is completely silent on the question 
of whether he may remove an officer, either with or with¬ 
out the consent of the senate. The only provision in the 
Constitution in regard to removal is that which relates to 
impeachment. It might, therefore, be contended that the 
only constitutional method of depriving an incumbent of 
an office to which he has been appointed is by impeach¬ 
ment. But this process of removal is so cumbersome and 
unwieldy that if it were the only means of getting rid of in¬ 
competent office-holders many unfit persons would remain 
in office indefinitely, and, besides, it would be impossible for 
the President, upon whom the responsibility for the enforce¬ 
ment of the laws rests, to surround himself with officials in 
whose integrity and fitness he has confidence. Moreover, 
to resort to the process of impeachment to remove a 
person from a petty inferior office would be very much like 
shooting birds with artillery intended for destroying battle¬ 
ships. 

From the first, therefore, it was recognized that there 
was another process of removal than by impeachment. 
But there was a difference of opinion as to whether that 
power lay with the President alone, or whether he could re¬ 
move only with the consent of the senate, as in the case of 


304 


THE PRESIDENCY: POWERS AND DUTIES 


appointments; or whether the power lay with Congress to 
prescribe how removals might be made. The matter was 
threshed over in the first Congress after the Constitution 
went into effect, and it was decided that the President 
might remove alone, without the necessity of securing the 
consent of the senate. But there was considerable fear 
that he might abuse the power, and Madison is said to 
have declared that the wanton removal of a meritorious 
officer would subject him to impeachment. 

Early Practice .—For a long time the power of removal 
was used sparingly. Several of the early Presidents, in 
fact, made no removals at all, and during the first forty 
years of our national existence the total number of officers 
removed probably did not exceed loo. With the incoming 
of President Jackson, however, what is known as the spoils 
system was introduced; that is, large numbers of office¬ 
holders were removed in order to make places for those 
who had rendered political services to the party in power. 
Henceforth appointments were made largely as rewards 
for party service, often without regard to merit and fitness. 
Nevertheless, the right of the President to make removals 
for any cause that seemed to him proper, or for any cause 
whatsoever, continued to be recognized and acquiesced in 
by all parties until the breach occurred between President 
Johnson and Congress in 1867. 

Act of 1867 ,—The action of President Johnson in remov¬ 
ing officials who were in sympathy with Congress greatly 
offended that body, and in 1867 a tenure of office act was 
passed forbidding the President to make removals except 
with the consent of the Senate.^ Thus the custom which for 

^ While Congress was not in session, the President was to be allowed 
the right to “suspend” officers for good cause, but he was required to 
report all suspensions to the Senate at its next meeting and in case 


POWER OF REMOVAL 


305 

seventy-eight years had recognized the unlimited right of 
the President to remove officers without the necessity of se¬ 
curing the consent of the senate was now reversed. The 
violation of this law by President Johnson was the chief cause 
of his impeachment in 1868. With the incoming of President 
Grant, however, the law was modified, and in 1887 it was 
repealed. Thus after a brief interval the original interpre¬ 
tation was reverted to, and it has been followed ever since. 

The Present Rule .—The right of the President to remove 
any federal officer appointed by him, except the judges, 
for any cause whatsoever, is now recognized, and Congress 
cannot abridge that right by prescribing the conditions 
under which removals may be made. His power in this 
respect is absolute and unlimited and may be employed 
for rewarding his political friends and punishing his enemies 
as well as for getting rid of incompetent and unfit persons 
in the public service. 

Power of Direction.—Resulting from .the power of re¬ 
moval is the power of the President to direct the officers 
whom he appoints, in regard to the discharge of their 
duties. Through the threat of removal, he may compel 
obedience to his orders, though of course he cannot re¬ 
quire an officer to do an act which would amount to a vio¬ 
lation of the law. Many of the duties of federal officers 
are prescribed by law, and the President cannot change 
these duties or require an officer to do his duty differently 
from the way in which the law requires him to do it. But 
the law expressly recognizes that the President has the 
power to direct many officers as to their duties. Thus the 
secretary of state in the negotiation of treaties and the 
settlement of disputes with foreign countries is almost 
it refused to concur in the suspension, the suspended officer was to 
be allowed to resume his office. 


Govt. U. S.—20 


3o6 the PRESIDENCY; POWERS AND DUTIES 

wholly under the control of the President. The President 
may instruct him to begin negotiations with a particular 
government or to cease negotiations, and the secretary 
must obey his orders. So the President may direct the 
secretary of war in regard to the disposition of the armed 
forces. In the same way he may order the attorney-general 
to prosecute a “trust” or institute proceedings against 
any violator of the federal laws, or may direct him to drop 
proceedings once begun. Some officers, however, such as 
the secretary of the treasury and the postmaster-general, are 
less under the direction of the President, their duties being 
prescribed with more or less detail by acts of Congress.^ 

The Civil Service System.—For a half century following 
the introduction of the spoils system by President Jackson, 
both parties acted on the principle that the offices of the 
federal government were the legitimate spoils of victory 
at the polls. Under such circumstances the public service 
was demoralized and enfeebled, and the time of the Presi¬ 
dent and heads of the departments was taken up with 
considering applications for office when it should have 
been devoted to more important matters. After the Civil 
War, a movement was started whkh had for its purpose 
the establishment of the merit system in the public service 
and the elimination of the spoils system. 

The Civil Service Law of i88j .—The assassination of 
President Garfield in i88i by a disappointed office seeker 
aroused public opinion to some of the worst evils of the 
existing system, and in obedience to the demands of pub- 

1 The act organizing the treasury department requires the secre¬ 
tary of the treasury to make his annual report to Congress, while 
the other cabinet heads make their reports to the President. It was 
the evident intention of Congress to keep the secretary of the treasury 
more closely under the control of the representatives of the people. 


THE CIVIL SERVICE SYSTEM 


307 


lie sentiment, Congress in 1883 enacted the civil service 
law which forms the basis of the present civil service sys¬ 
tem. This law provided for the creation of a commission 
of three persons, not more than two of whom should belong 
to the same political party. The commission was charged 
with forming rules for making appointments to the pub¬ 
lic service, and with carrying out the provisions of the law. 

The Classified Service .—The act provided for the classi¬ 
fication of the positions in the departments at Washington 
and in the customhouses and post offices where at least 
fifty persons were employed, and for the holding, under the 
supervision of the commission, of competitive examinations 
to test the fitness of applicants for appointments to posi¬ 
tions in the classified service. The classified service now 
includes the departmental service at Washington, the cus¬ 
toms service, the post office service, the railway mail serv¬ 
ice, the Indian service, the internal revenue service, and 
the government printing service. 

Extent of the Classified Service .—At first the law applied 
to only about 14,000 positions, but since then the number 
has been increased from time to time by the creation of 
new offices and by orders of Presidents extending the rules 
to other classes of positions. A large extension, for exam¬ 
ple, was made by President Cleveland in 1896. President 
Roosevelt also made large extensions, so that when he 
went out of office there were about twice as many positions 
under the rules as there were when he became President. 
In 1912 President Taft added over 36,000 fourth-class post¬ 
masters and 20,000 artisans employed in the navy yards; 
and in 1917 President Wilson placed 10,000 first-, second-, 
and third-class postmasters under the rules. Of 517,805 
officers and employees in the executive civil service in 
1917, 326,899 were subject to competitive examination. 


3o8 the presidency : POWERS AND DUTIES 

Exempt Positions .—Among the positions not under the 
rules and for which competitive examinations are not re¬ 
quired are the more important presidential offices such as 
cabinet officers, assistant secretaries, chiefs of bureaus, 
United States attorneys, marshals, judges, ambassadors 
and ministers, besides a large number of minor officials 
like private secretaries. The income tax and currency 
acts of 1913 exempted from the operation of the civil 
service laws employees who collect the income tax and 
employees of the Federal Reserve Board. By an act of 
the same year deputy collectors of internal revenue and 
deputy marshals were withdrawn from the operation of 
the laws. These acts have been criticized by civil service 
reformers. 

Examinations .—Civil service examinations are held at 
least twice each year in every state and territory, and 
any citizen of the United States is eligible to take the 
examination for any position to be filled. The commission 
keeps a list of eligibles, that is, of persons who have passed 
an examination, and whenever an appointment is to be 
made, it certifies to the appointing authority a list of those 
who are qualified, and from the three standing highest on 
the list the appointment must be made. But in making 
the appointments preference must be given to persons 
honorably discharged from the military or naval service 
by reason of their disability resulting from wounds or sick¬ 
ness. The examinations are required to be practical in 
character and of such a nature as to test, as far as possible, 
the capacity and fitness of the applicants to discharge the 
duties of the position for which they desire an appointment. 

No appointment is permanent until after six months of 
probationary service, during which time the appointee 
must have demonstrated his capacity for the office. The 


THE CIVIL SERVICE SYSTEM 


309 

law also prohibits members of Congress from making rec¬ 
ommendations for appointments to positions in the classi¬ 
fied service except as to the character and residence of the 
applicant, and also forbids the levying of assessments on 
government employees for campaign purposes or the so¬ 
licitation of contributions from employees.^ 

How Removals are Made .—When an appointment has 
been made in pursuance of the civil service rules, the ap¬ 
pointee is protected from removal for political reasons. 
The rules now in force declare that removals from the com¬ 
petitive service can be made only for just cause and for 
reasons stated in writing, with an opportunity to the em¬ 
ployee to be heard. “Just cause” is defined as being any 
cause not merely political or religious, which will promote 
the efficiency of the service. 

The Effect of the competitive system has been to give 
the public service the character of permanency and in¬ 
creased efficiency. The administration may change at 
Washington, but the more than 200,000 officials under the 
civil service rules are not affected thereby. There is no 
longer a “ clean sweep ” at the beginning of every adminis¬ 
tration, no longer the demoralization that once characterized 
the government service when a new party came into power. 
Thus the whole tone of the pubHc service has been im¬ 
proved, and the President and heads of the departments 
have been partly relieved from the burden of listening to the 
appeals of the army of office seekers who used to de- 

1 By a law of 1907, employees in the classified service are forbidden 
to take active part in political campaigns, and this prohibition has 
been construed to forbid service on political committees, service as 
delegates to party conventions, pubHcation of newspaper articles 
of a political nature, membership in pohtical clubs, circulation of 
petitions of a pohtical character, etc. 


310 THE PRESIDENCY: POWERS AND DUTIES 

scend upon Washington at the beginning of every new ad¬ 
ministration. 

Management of Foreign Affairs.—The United States as 
a leading member of the family of nations has an extensive 
intercourse with other countries. There is no nation with 
which it has not entered into relations of some kind or 
another. With every civilized country and some that are 
not civilized, we have one or more treaties regulating cer¬ 
tain of our relations with them. 

How Treaties are Negotiated .—The President, by and 
with the advice and consent of the senate, two thirds of 
the members concurring, is charged with the negotiation of 
all treaties. The share of the senate in the negotiation 
of all treaties has already been discussed in chapter x. 

The President usually does not conduct negotiations him¬ 
self,^ but acts through the secretary of state, who is a sort 
of minister of foreign affairs. The secretary is subject to 
his directions, however, and while conducting negotiations 
keeps the President fully informed of their progress, and 
secures his approval of all points which in his judgment 
should be submitted to him for an opinion. Foreign 
ministers at Washington who wish to discuss questions of 
foreign policy with the President are referred to the secre¬ 
tary, who is his responsible minister in such matters. Am¬ 
bassadors, ministers, and consuls of the United States are 
appointed by the President, though the approval of the 
senate is essential to the validity of the appointment. 
Diplomatic representatives sent abroad bear letters of 
credence signed by the President, and from time to time 
they are given instructions as to the action they shall 
take in negotiations with foreign governments. These in- 

^ In 1915-1919., however, President Wilson wrote notes to the German 
government, and took part in framing the treaty of peace. 


MANAGEMENT OF FOREIGN AFFAIRS 


311 

structions are prepared by the secretary of state, though 
in important cases he consults the President and ascertains 
his wishes in the matter. The President may transfer a 
minister from one post to another, may recall him, or dis¬ 
miss him whenever he likes. 

Power to Receive” Foreign Ministers—Tht President is 
also the authority designated by the Constitution for re¬ 
ceiving ambassadors and ministers accredited by foreign 
governments to the government of the United States. To 
receive a foreign minister is to recognize him as the official 
representative to the United States of the government 
which has appointed him. When a new minister arrives 
at Washington, he is escorted to the White House by the 
secretary of state on a day agreed upon, and is received 
by the President. The new minister presents his credentials 
and delivers a short ceremonial address, to which the Presi¬ 
dent responds. He is then recognized as the official organ 
of communication between the United States government 
and the government which he represents. The President, 
however, may refuse to recognize a minister from a country 
whose independence is in doubt, or one who is personally 
objectionable to the United States government. He may 
also request a foreign government to recall a minister ac¬ 
credited to the United States, or may dismiss one for con¬ 
duct highly offensive to the government. 

The Military Powers of the President.—The Constitu¬ 
tion declares that the President shall be commander in 
chief of the army and navy and also of the militia of the 
several states whenever it is called into the service of the 
United States. The power to declare war, however, be¬ 
longs to Congress, though the President may through his 
management of the foreign affairs of the country bring 
about a situation which may make a declaration of war 


312 THE PRESIDENCY: POWERS AND DUTIES 

a virtual necessity. Congress also determines the strength 
of the army, the method of raising the forces, their terms 
of service, pay, subsistence, organization, equipment, loca¬ 
tion of forts, and indeed everything relating to its make-up. 

Extent of the President’s Power .—The President, as com¬ 
mander in chief, decides where the troops are to be lo¬ 
cated, and where the ships are to be stationed. It is upon 
his orders that the troops are mobilized, the fleets assembled, 
and the mihtia of the states called out. He may direct the 
campaigns and might, if he wished, take personal command 
of the army, the navy, or the mihtia, though in practice 
he never does, the army, in fact, being commanded by a 
mihtary officer and the navy by a naval officer. He may do 
whatever, in his judgment, may conduce to the destruction 
of the power or the weakening of the strength of the enemy, 
so long as he acts within the accepted rules of international 
law. His power, in short, is limited only by the require¬ 
ments of mihtary necessity and the law of nations. Thus 
he may declare that any property used by the enemy for 
warhke purposes or which may in other respects be a source 
of strength to the enemy shall be subject to confiscation. 
It was in pursuance of this power that President Lincoln 
issued the emancipation proclamation freeing the slaves in 
certain of the Southern states during,the Civil War. 

Power to Govern Occupied Territory .—When an enemy’s 
territory has once been occupied by the army, the Presi¬ 
dent, as commander in chief, may assume control and gov¬ 
ern it through such agencies and in such manner as he may 
see fit. He may displace the existing authorities or make 
use of them as he wishes. He may appoint military gov¬ 
ernors and set up special tribunals in the place of existing 
courts. He may suspend the writ of habeas corpus, in¬ 
stitute martial law, and deprive the inhabitants of other 


THE MILITARY POWERS OF THE PRESIDENT 313 

safeguards established by the Constitution for their pro¬ 
tection against the arbitrary encroachments of the gov¬ 
ernment. By virtue of this authority President Lincoln 
governed for some time those parts of the South which came 
under the jurisdiction of the military forces of the United 
States during the Civil War. In the same way President 
McKinley governed Porto Rico and the Philippines for 
many months during and after the war with Spain. 

Conclusions .—From this summary it will readily be seen 
that the powers of the President as commander in chief 
during war are very great, in fact almost unlimited. He 
may become, as President Lincoln did, practically a dic¬ 
tator, and if he should choose to abuse his powers he might 
deprive the people of a large portion of their liberties. 

In time of peace, the military powers of the President 
are far less than during war, though they are still consid¬ 
erable. His duty to protect the states against invasion 
and his power to order out the troops to suppress domestic 
violence upon the application of the state executive or 
legislature are discussed in chapter iii. Whenever the 
movement of interstate commerce or the instrumentalities 
of the national government are interfered with by rioters 
it is his right and duty to employ the army or the navy if 
necessary to suppress the disturbances.^ By an act of 
Congress passed in 1795 and still in force, the President is 
authorized to call out the militia whenever the laws of the 
United States are opposed or their execution obstructed 
by combinations too powerful, in his judgment, to be sup¬ 
pressed by the ordinary course of judicial proceedings, or 
by the federal marshals. And the President is the sole 
judge of the existence of the state of facts thus described, 
and no court in the land can review his decision in regard 
1 See further on this point, pp. 60-62. 


THE PRESIDENCY: POWERS AND DUTIES 


314 

thereto. It was in pursuance of this act that President 
Lincoln issued his first call for the militia in 1861. 

The President’s Share in Legislation.—While the chief 
duty of the President is to execute the laws, he is at the 
same time given a share in their making. This share is 
both positive and negative in character. 

Presidential Messages.—The Constitution makes it his 
duty to give Congress from time to time information of 
the state of the Union and to recommend for its consid¬ 
eration such measures as he may judge necessary and 
proper. This requirement rests upon the obvious fact that 
he possesses more extensive sources of knowledge in regard 
to the state of public affairs than any one else, and is also 
familiar with the workings of the laws, and hence is in a 
position to recommend legislation for their improvement. 

The information required to be furnished Congress is 
contained in an annual message communicated at the be¬ 
ginning of each session, and in special messages communi¬ 
cated from time to time during the session. 

Early Practice .—It was the custom at the beginning of 
our national history for the President to deliver an address 
at the opening of Congress, in the presence of both houses 
assembled in the senate chamber, and for each house there¬ 
after to draw up a suitable reply, in accordance with the 
English custom. This plan was followed by both Wash¬ 
ington and Adams, but Jefferson inaugurated the practice 
of communicating what he had to say in the form of a 
written message. . From that time down till 1913 all the 
presidential messages to Congress were in written form 
only; but in the latter year President Wilson revived the 
practice of addressing Congress in person. 

Character of the Annual Messages .—The annual message 
contains a review of the operations of the government dur- 


PRESIDENTIAL MESSAGES 


315 

ing the preceding year, together with such recommenda¬ 
tions for additional legislation as the President thinks the 
Interests of the country require. It also usually contains 
a summary of the reports of the several heads of depart¬ 
ments, and is accompanied by the full reports of the de¬ 
partments. Sometimes one or the other of the houses 
adopts resolutions calling on the President for information 
on particular subjects, and if in his judgment the communi¬ 
cation of the information is not incompatible with the 
public interests, the request is complied with. 

The message is printed in full in nearly all the daily news¬ 
papers of the country on the day on which it is communi¬ 
cated to Congress, and it is widely read by the people and 
commented on by editors. When the message has been 
received by the Congress, it is ordered to be printed, and 
the various recommendations which it contains are dis¬ 
tributed among the appropriate committees of each house. 
The consideration which the recommendations receive at 
the hands of Congress depends upon the influence which 
the President wields with the two houses. If he belongs 
to a different political party from that which is in control 
of Congress, or if for other reasons Congress is out of 
sympathy’ with his policies, his recommendations count 
for little. 

Power to Call Extraordinary Sessions.—The President 
has power to call extraordinary sessions of Congress for 
the consideration of special matters of an urgent character. 
Of course the President cannot compel Congress to adopt 
his recommendations at a -special session any more than 
at a regular session, but he can sometimes hasten action 
and if he is backed by a strong public opinion he may be 
able to accomplish even more. The authority to call ex¬ 
traordinary sessions has been exercised by Presidents 


3i6 the PRESIDENCY: POWERS AND DUTIES 

Adams, Jefferson, Madison, Van Buren, Harrison, Pierce, 
Lincoln, Hayes, Cleveland, McKinley, Roosevelt, Taft, and 
Wilson. In all these cases Congress was called together to 
deal with extraordinary situations such as foreign diffi¬ 
culties, financial panics, rebellion, the enactment of ap¬ 
propriation bills which had failed at the regular session, 
the enactment of tariff bills for which there was an urgent 
demand, the approval of reciprocity treaties, and the like. 
The senate has often been convened in extraordinary ses¬ 
sion at the beginning of a new administration for the pur¬ 
pose of approving the nominations of the President, but 
the house of representatives has never been called alone. 

Power to Adjourn Congress.—The President is also au¬ 
thorized to adjourn the two houses in case of disagreement 
between them as to the time for adjourning the session. 
Only one such case of disagreement has ever occurred, 
namely, in the special session of November, 1903, when the 
senate proposed to adjourn and the house of represen¬ 
tatives refused. President Roosevelt did not, however, 
exercise his power in this case, so the special session con¬ 
tinued about two weeks longer, until it was ended by the 
beginning of the regular session. 

Power to Issue Ordinances.—Under the legislative func¬ 
tions of the President may also be included what is known 
as the ordinance power, that is, the power to issue certain 
orders and regulations having the force of law. Such are the 
regulations for the government of the army and navy, and 
those relating to the postal service, patents, pensions, pub¬ 
lic lands, Indian affairs, the customs service, internal revenue 
service, marine hospital service, the consular service, the 
civil service, and many other branches of administration. 
Some of these regulations are issued by the President under 
express authority conferred upon him by acts of Con- 


POWER TO ISSUE ORDINANCES 


317 


gress; others are issued as a result of the necessity of pre¬ 
scribing means for carrying into effect the laws of Congress 
and sometimes of interpreting them; ^ while still others are 
issued in pursuance of the constitutional powers of the 
President. Such are the regulations issued for the govern¬ 
ment of the army and navy, in pursuance of the authority 
of the President as commander in chief. 

The Veto Powder.—Finally, the President is given an 
important share in legislation through the constitutional 
requirement which requires that all bills and resolutions 
passed by Congress shall be submitted for his approval.^ 
The power to withhold his approval of the acts passed by 

^ A recent example is found in the regulations issued by President 
Taft for putting into effect the new law levying a tax on corporations. 
The meaning of the law in various particulars had to be interpreted, 
and the method and means of assessing and collecting the tax had to 
be prescribed. Another example was the regulations issued by Presi¬ 
dent Wilson in 1913 for the collection of the income tax. 

2 Ex-President Benjamin Harrison, in his book “ This Country of 
Ours,’^ p. 138, thus describes the course which a bill takes after it has 
passed both houses: “When a bill has passed both houses of Congress 
and has been signed by the president of the senate and the speaker 
of the house, it is taken, by the clerk of the committee on enrolled 
bills, to the Executive Mansion, where the date of its delivery is 
stamped upon it. The practice is then to send the bill to the head of 
the department to which its subject matter belongs—to the war 
department, if to army matters; to the interior, if to pensions, or pub¬ 
lic lands, or Indian affairs, etc.—for the examination of the secretary, 
and for a report from him as to any objections that may occur to him. 
As to the frame of the bill, and as to any constitutional questions in¬ 
volved, the attorney-general is often consulted, though the bill does 
not relate to his department. The President then takes up the bill, 
with the report from the department, and examines it, and if he ap¬ 
proves writes thereon “Approved,” giving the date, and signs his 
name. The bill, now become a law, is then sent to the state depart¬ 
ment to be filed and published in the statutes at large.” 


3i8 the PRESIDENCY: POWERS AND DUTIES 

Congress is popularly known as the veto power. It was 
called by the framers of the Constitution the President’s 
qualified negative.” This prerogative constitutes an ex¬ 
ception to the principle of the separation of governmental 
powers, and was conferred upon the executive as a means 
of enabling him to defend his constitutional powers and 
privileges against the encroachments of the legislative 
department, as well as to provide a check upon hasty and 
careless legislation by Congress. The conditions under 
which the right of veto may be exercised, the forms which 
it may take, and the procedure by which it may be over¬ 
ridden by Congress are discussed in chapter xi. The 
President may veto a bill because he believes it to be un¬ 
constitutional, or because he believes it is unwise or in¬ 
expedient, though in both cases a wise executive will be 
slow to set his judgment against the combined judgment of 
the members of Congress. 

No Power to Veto Items in Appropriation Bills .—Unlike 
the governors of many of the states, he cannot veto par¬ 
ticular items in appropriation bills, as a result of which he is 
sometimes confronted with the embarrassing duty of sign¬ 
ing a bill carrying certain appropriations to which he ob¬ 
jects, or of vetoing the entire bill. President Cleveland on 
one occasion vetoed the rivers and harbors bill carrying an 
appropriation of many millions of dollars rather than ap¬ 
prove certain items in it which he considered wasteful and 
extravagant. If the President had the power to veto par¬ 
ticular items in appropriation bills he could prevent useless 
and extravagant appropriations in many cases without be¬ 
ing under the necessity of defeating at the same time those 
which are desirable and necessary. 

Use of the Veto Power .—The early Presidents either did 
not make use of the veto power at all, or employed it spar- 


THE VETO POWER 


319 


ingly. Neither John Adams, nor Thomas Jefferson, nor 
John Quincy Adams, while in the presidential chair, vetoed 
any bills ; and Washington, Madison, and Monroe together 
vetoed only eight. Many of the later Presidents used the 
veto power more freely. 

No bill was passed over the veto of a President until the 
administration of Tyler, when one was so passed. Four 
bills were passed over the vetoes of Pierce, fourteen over 
those of Johnson, three over those of Grant, one over a veto 
of Hayes, one over a veto of Arthur, two over the vetoes 
of Cleveland, one each over the vetoes of Harrison, Taft, 
and Wilson. 

Joint Resolutions as well as bills are usually presented to 
the President for his signature, and must be approved be¬ 
fore they have any validity, though it has not been the 
practice to submit to the President, for his approval, joint 
resolutions proposing amendments to the Constitution. 
Concurrent resolutions, which do not have the force of law, 
but are merely expressions of the sense of the legislative 
department on some question of interest to it alone, do not 
require the approval of the President.^ 

Importance of the Veto .—The threat of the President to 
employ the veto may be used to great effect. A strong 
President who has positive ideas in regard to the kind of 
legislation which the country needs and which public 
opinion demands, may compel the adoption in whole or in 
part of those ideas by the threatened use of the veto. The 
necessity of obtaining the approval of the President really 
gives him a powerful share in legislation. Roosevelt, for 
example, on a number of occasions threatened to veto 
bills about to be passed by Congress unless they were 

^ The distinction between bills, joint resolutions, and concurrent 
resolutions is discussed on p. 204. 


THE PRESIDENCY:'POWERS AND DUTIES 


320 

changed so as to embody the ideas which he advocated, 
and the threats were not without effect. 

The Pardoning Power of the President.—The Consti¬ 
tution authorizes the President ^Ho grant reprieves and 
pardons for offenses against the United States except in 
cases of impeachment.” ^ The President cannot, of course, 
pardon offenses against state law. Offenses against the 
postal laws, the revenue laws, the laws against counterfeit¬ 
ing, and the national banking laws are those for which par¬ 
dons are most frequently sought. Crimes committed in the 
territories are, however, offenses against the laws of the 
United States, and are frequently the object of applica¬ 
tions for pardon. 

With the exception of the limitation in regard to im¬ 
peachment offenses, the President’s power of pardon is ab¬ 
solute. His power is not restricted by a board of pardons 
as is that of the governors of some of the states, nor can 
Congress in any way abridge his power or restrict the effect 
of a pardon granted by him. Moreover, he may grant a 
pardon before as well as after conviction, though this is 
rarely done in the case of individual offenses. It is some¬ 
times done, however, where large numbers of persons have 
become liable to criminal prosecution for participation in 
rebellion, resistance to the laws, and similar acts. 

Amnesty .—In such cases the pardon is known as an 
‘^amnesty,” and is granted by proclamation. Thus in De¬ 
cember, 1863, President Lincoln issued an anmesty procla¬ 
mation offering a full pardon to all persons in arms against 

1 Impeachment offenses were excepted for the purpose of prevent¬ 
ing the President from granting pardons to his own appointees and 
thereby shielding them from the consequences of their acts. 

For definition of pardon and reprieve, and further discussion of 
the nature and purpose of the pardoning power, see p. 102-103. 


THE PARDONING POWER OF THE PRESIDENT 321 

the United States provided they would lay down their arms 
and return to their allegiance. In April, 1865, President 
Johnson issued a proclamation offering amnesty to all 
those who had borne arms against the United States, with 
certain exceptions and subject to certain conditions. The 
last instance of the kind was the proclamation issued by 
President Harrison, in 1893, granting amnesty to those 
Mormons who had violated the anti-polygamy laws of the 
United States. 

Commutation .—The power to pardon is held also to in¬ 
clude the power to commute a sentence from a heavier to a 
lighter penalty, and also to reduce a fine or remit it 
entirely. 

Parole .—In 1910, Congress passed a law providing for 
the release on parole of federal prisoners sentenced to a 
term of more than one year, except life prisoners, provided 
their conduct has been satisfactory. At each of the three 
federal prisons there is a board of parole charged with hear¬ 
ing applications for release. 

Immunity of the President from Judicial Control.—Being at 
the head of a coordinate department of the government, the 
President, unlike other public officers, is not subject to the 
control of the courts. They cannot issue processes against 
him, or restrain him or compel him to perform any act. 
During the trial of Aaron Burr for treason. Chief Justice 
Marshall issued a subpoena directed to President Jefferson 
requiring him to produce a certain paper relating to Burr’s 
acts, but the President refused to obey the writ, declaring 
that if the chief executive could be compelled to obey the 
processes of the courts he might be prevented from the dis¬ 
charge of his duties. Even if the President were to commit 
an act of violence, he could not be arrested or in any way 
restrained of his liberty. The only remedy against acts of 
Govt. U. S.—21 


THE PRESIDENCY: POWERS AND DUTIES 


322 

violence committed by him is impeachment by the house ’ 
of representatives and trial by the Senate. If convicted, 
he must be deprived of his office, after which his immunity 
ends and he is liable to prosecution and trial in the ordinary 
courts as any other offender. The principle upon which the 
President is exempt from the control of the courts is not 
that he can do no wrong, but that if he were subject to judi¬ 
cial restraint and compelled to obey the processes of the 
courts, the administration of the duties of his high office 
might be interfered with. 

Nevertheless, the Supreme Court does not hesitate to ex¬ 
ercise control over the subordinates through whom the 
President acts in most cases, and it will refuse to sanction 
orders or regulations promulgated by him if they are un¬ 
constitutional. To this extent, his acts are subject to judi¬ 
cial control. 

References.— ^Andrews, Manual of the Constitution, pp. 180-201. 
Beard, American Government and Politics, ch. x. Bryce, The 
American Commonwealth (abridged edition), ch. v. Fairlie, Na¬ 
tional Administration, chs. i-ii. Harrison, This Country of Ours, 
ch. vi. Hinsdale, American Government, ch. xxxii. 

Documentary and Illustrative Material.—i. Copy of an inaugural 
address of the President. 2. Copy of an annual message of 
the President. 3. Copies of executive orders and proclamations. 
4. Copies of veto messages. 


Research Questions 

1. What is your opinion of Sir Henry Maine’s saying that the 
President of the United States is but a revised edition of the English 
King? 

2. How do the powers of the President compare in importance and 
scope with those of the King of England? 

3. Have the President’s powers increased or decreased since 1789? 
Give vour reasons. 


RESEARCH QUESTIONS 323 

4. Name some of the Presidents who were notable for the vigorous 
exercise of executive power. 

5. What is your opinion of the position taken by President Roose¬ 
velt that the power of the President should be increased by executive 
interpretation and judicial construction? 

6. Is the President the judge of the extent and limits of his own 
powers? If not, what authority is? 

7. Do you think the President ought to be prohibited from removing 
officers except for good cause? Ought the consent of the senate to 
be required in all cases of removal? 

8. What is your opinion of the proposition that the members of 
the cabinet should be elected by the people? 

9. Why are the powers of the President so much more extensive 
in time of war than in time of peace? 

10. What were the principal recommendations made by the Presi¬ 
dent in his last annual message? 

11. Do you think he should be allowed to grant pardons before 
conviction? Would it not be well to have a federal board of pardons 
whose approval should be necessary to the validity of all pardons 
issued by the President? 

12. In the exercise of his duty to enforce the laws, may the Presi¬ 
dent interpret their meaning in case of doubt? 

13. To what extent ought the President in making appointments 
to take into consideration the politics of the appointee? To what ex¬ 
tent should he be governed by the recommendations of members of 
Congress? 

14. Why should the executive power be vested in the hands of a 
single person while the judicial and legislative powers are vested in 
bodies or assemblies? 

15. Do you think the present salary allowed the President ade¬ 
quate? How does it compare with the allowance made to the King 
of England? the German Emperor? the President of France? 


CHAPTER XVII 


THE CABINET AND THE EXECUTIVE DEPARTMENTS 

The Cabinet.—The heads of the ten executive depart¬ 
ments collectively constitute the President’s cabinet. They 
are, in the order of rank, the secretary of state (first 
styled the secretary of foreign affairs), the secretary of the 
treasury, the secretary of war, the attorney-general, the 
postmaster-general, the secretary of the navy, the secre¬ 
tary of the interior, the secretary of agriculture, the se'cre- 
tary of commerce, and the secretary of labor. They are 
appointed by the President with the consent of the senate, 
which in practice is never refused; and they may be dis¬ 
missed by him at any time. The salary of cabinet mem¬ 
bers is $12,000 a year. 

Origin and Nature of the Cabinet.—There was no 
thought in the beginning that the heads of departments 
should constitute a cabinet or advisory council to the Pres¬ 
ident, and during the first administration they were never, 
as a matter of fact, convened by him for collective consulta¬ 
tion. When their opinions or advice were desired they were 
requested by written communication. During his second 
term, however, President Washington adopted the practice 
of assembling the heads of departments occasionally for 
consultation. not only on matters pertaining to their par¬ 
ticular departments but in regard to questions of general 
executive policy. Thus the cabinet meeting became a regu¬ 
lar feature of executive procedure, and the cabinet a pei' 


324 


ORIGIN AND NATURE OF THE CABINET 325 

manent institution. It is well to remember, however, that 
the cabinet as such is not mentioned in the Constitution, 
and the name “ cabinet ” never appeared in any law until 
the year 1907. No record is kept of its proceedings. 

Cabinet Responsibility .—CnWkQ a European cabinet, the 
members of the President’s cabinet are not, and cannot be, 
members of either house of Congress; they have no seats 
in Congress; they are not responsible to Congress for their 
policies, and they never think of resigning when Congress 
refuses to carry out their recommendations or to approve 
their official acts. They are responsible solely to the Pres¬ 
ident for their official conduct, and are subject to his direc¬ 
tion, except in so far as their duties are prescribed by law. 
They are, in short, the ministers of the President, not of 
Congress; administrative chiefs, not parliamentary leaders. 
It may happen, therefore, that members of the cabinet, like 
the President, may belong to the party which is in the mi¬ 
nority in Congress.^ 

The Department of State.—At the head of the depart¬ 
ment of state is the secretary of state, who is the ranking 
member of the cabinet and the first in line for the presi- 

1 There is little resemblance between the American cabinet and 
a European ministry. In foreign countries where the parliamentary 
system prevails, cabinet ministers are chosen from the party having 
control of the Parliament; they are usually members of Parliament, 
but whether they are or not they are entitled to seats therein; and 
they prepare and introduce all important legislative measures, urge 
their adoption by the Parliament, and defend their political policies 
and acts whenever they are attacked. To one or both of the legis¬ 
lative chambers they are responsible for their political acts, and when¬ 
ever they cease to command the support of the chamber to which they 
are responsible they must resign and make way for a new cabinet 
which does possess its confidence. It is thus impossible for the legis¬ 
lative and executive departments of the government to be antagonistic. 


326 THE CABINET AND THE EXECUTIVE DEPARTMENTS 

dency in case of the death or removal of both President 
and Vice President. He sits at the right hand of the Presi¬ 
dent at cabinet ijieetings and is given precedence over his 
colleagues on occasions of ceremony. There are also three 
assistant secretaries in the department, and a counselor, 
who advises the President and Secretary of State in regard 
to questions of international law. 

The duties of the secretary of state fall into three groups: 
first, he is the custodian of the great seal and of the archives 
of the United States. In this capacity he receives the acts 
and resolutions of Congress, publishes them in certain 
papers, and preserves the originals. Under this head also 
fall the duties of countersigning proclamations and impor¬ 
tant commissions of the President and of attaching thereto 
the great seal. In the second place, the secretary of state 
is the organ of communication between the national govern¬ 
ment and the state governments. Thus an application from 
the governor of a state for troops to suppress domestic vio¬ 
lence, or a request for the extradition of a criminal who has 
taken refuge in a foreign country, is made through the secre¬ 
tary of state. In the third place, the secretary of state is 
the organ of communication between the United States and 
foreign powers, that is, he is the minister of foreign affairs. 
He carries on all correspondence with foreign governments, 
negotiates treaties, countersigns warrants for the extradi¬ 
tion of fugitives from the justice of foreign countries, issues 
passports to American citizens wishing to travel abroad, 
and grants exequaturs to foreign consuls in the United 
States. 

The Diplomatic Service.—For purposes of administra¬ 
tion the department of state is organized into a number of 
bureaus and divisions. The Diplomatic Bureau prepares 
diplomatic correspondence with foreign governments, and 


THE DEPARTMENT OF STATE 


327 

has charge of the engrossing of treaties and other formal 
papers, the preparation of the credentials of diplomatic 
representatives, and of ceremonious letters. The United 
States government is now represented at the governments 
of nearly fifty different foreign countries by diplomatic 
representatives, and most of these governments maintain 
diplomatic representatives at Washington. Our represen¬ 
tatives to Great Britain, France, Germany, Russia, Austria- 
Hungary, Italy, Japan, Mexico, Brazil, Turkey, Spain, 
Argentina, and Chile bear the rank of ambassador. The 
government is represented at most of the other countries 
by envoys extraordinary and ministers plenipotentiary; but 
to one country (Liberia) it sends a minister resident. The 
principal difference between the different classes of minis¬ 
ters is one of rank and precedence. At the more impor¬ 
tant foreign posts the ambassador or minister is provided 
with from one to three secretaries. There are also inter¬ 
preters at the legations in Oriental countries, and at all 
the important foreign capitals military and naval attaches 
are attached to the legation. 

Elimination of the Spoils System .—The efficiency of the 
diplomatic service has been much impaired by the exist¬ 
ence of the spoils system, as a result of which diplomatic 
appointments are determined largely by political considera¬ 
tions, and changes are made by each new administration. 
In the administrations of Presidents Roosevelt and Taft, 
however, a beginning was made toward the introduction of 
the merit system into the diplomatic service. 

Duties of Diplomatic Representatives .—The principal du¬ 
ties of diplomatic representatives are to watch over the in¬ 
terests of their country and its citizens in the country to 
which they are accredited and to see that they receive proper 
protection, to present and cause to be settled all claims 


328 THE CABINET AND THE EXECUTIVE DEPARTMENTS 

against the foreign country in which they reside, to ne¬ 
gotiate treaties, to settle disputes and adjust difficulties, 
to promote friendly relations, and, in general, to represent 
their government in its relations with the government to 
which they are accredited. It is also the duty of a diplo¬ 
matic representative to keep his government fully informed 
on all matters in which it is likely to be interested. He is 
expected to transmit reports relating to political conditions, 
finance, commerce, agriculture, arts and science, systems of 
taxation, population, judicial statistics, new inventions, and 
other matters of possible interest to his government. 

The procedure by which treaties are negotiated may take 
either of two courses: the secretary of state may conduct the 
negotiations with a foreign minister at Washington, or he 
may direct the American minister in the foreign country 
with which it is desired to treat to negotiate with the min¬ 
ister of foreign affairs of that government.^ 

^ The following description of the procedure observed in drawing up, 
signing, and ratifying treaties is given by Mr. Van Dyne in his book 
entitled “Our Foreign Service,” pp. 9-10: 

“When the terms of a treaty are agreed upon, two exact copies are 
engrossed at the Department of State, and signed by the Secretary 
and the foreign minister. Where the two countries have not a com¬ 
mon language the texts in the two languages are engrossed in parallel 
columns. In drawing up treaties this government adheres to the 
‘alternat,’ by which in the copy of the treaty to be retained by this 
government, the United States is named first, and our plenipotentiary 
signs first. In the copy to be retained by the foreign government that 
government is named first and its plenipotentiary signs first. The 
seal of each plenipotentiary is placed after his signature. Two nar¬ 
row pieces of red, white and blue striped silk ribbon are laid across 
the page, some hot wax is dropped on the document at the place where 
the impression of the seal is to be made, and the seals are placed on 
this, the ribbon thus fastened to the seals being used to bind the pages 
of the instrument. When the treaty is ratified, a day is fixed and the 


THE DEPARTMENT OF STATE 329 

The Consular Service. —The Consular Bureau in the de¬ 
partment of state has charge of the correspondence with our 
consular officers in foreign countries. A consul differs from 
a diplomatic representative in being a commercial rather 
than a political representative. Consuls are stationed at all 
important commercial centers in foreign countries, to look 
after the commercial interests of'their country, promote 
foreign trade, watch over shipping and navigation, admin¬ 
ister the estates of American citizens dying abroad, assist 
in the administration of our customs, health, navigation, 
immigration, and naturahzation laws, and to collect such 
information concerning the trade, industries, and markets 
of foreign countries as may be of value to the commercial 
interests of the United States.^ 

Recent Reforms .—In obedience to the widespread de¬ 
mands of the commercial interests of the country, notable 
improvements have recently been made in our consular serv¬ 
ice. Formerly political considerations largely determined 

plenipotentiaries meet and exchange ratifications. The ratification 
is attached to the instrument. When the ratification is completed, 
proclamation of the fact and publication of the text are made simul¬ 
taneously at the capitals of each nation, upon a day agreed upon.” 

1 In certain Oriental countries, notably China, Morocco, Persia, 
Siam, and Turkey, the United States consuls, by virtue of treaty 
arrangements, exercise jurisdiction over American citizens in both 
civil and criminal cases. They are empowered to try Americans 
for offenses committed within their districts and to determine all 
fivil controversies between citizens of the United States residing 
iherein. In more serious criminal cases and in civil cases involving 
large amounts, appeals may be taken to the American minister. 
The reason why Western powers refuse to permit their citizens to be 
tried by the courts of these countries is that their standards of law 
and procedure are repugnant to those of Western countries. For¬ 
merly consular jurisdiction existed in Japan also, but it was abolished 
by treaty in 1899. 


330 THE CABINET AND THE EXECUTIVE DEPARTMENTS 

appointments to the service, and at the beginning of each 
new administration a wholesale removal was made in order 
to find places for party workers. By acts of Congress passed 
in 1906 and 1909, however, the service was reorganized and 
attempts made to place it on a merit basis. The fee system 
was abolished, consuls were prohibited from practicing law 
or engaging in other businesses, provision was made for 
periodic inspection of consulates, and a system of examina¬ 
tions was inaugurated for determining the qualifications of 
appointees to the service. The adoption of these reforms 
has brought about a marked increase in the efficiency of the 
service and has tended to give to it the character of a per¬ 
manent professional career such as it enjoys in Europe. 

Other Bureaus of the State Department.— The Bureau 
of Indexes and Archives is charged with keeping the records 
and indexing the correspondence of the department of state. 
It also prepares the annual volumes of the foreign relations, 
containing portions of the diplomatic correspondence. 

The Bureau of Citizenship is charged with the issue of 
passports to persons who desire to travel abroad. A 
passport is a paper signed by the secretary of state certi¬ 
fying that the bearer is a citizen of the United States or 
has declared his intention of becoming a citizen, and is en¬ 
titled to the protection of the government when traveling 
abroad. They are granted not only to citizens but, by a 
recent law, to loyal residents of the insular possessions and 
to ahens who have declared their intention of becoming 
citizens and have resided in the United States for three 
years. A fee of one dollar is charged for each passport. 

The other bureaus and divisions in the department of 
state are: accounts, rolls and hbrary, appointments, in¬ 
formation, Far Eastern affairs. Near Eastern affairs, West¬ 
ern European affairs, and Latin-American affairs. 


THE DEPARTMENT OF THE TREASURY 


331 

The Department of the Treasury.—For the most part 
the department of the treasury is concerned with the man¬ 
agement of the national finances, including (i) the admin¬ 
istration of the revenue laws, (2) the custody of the national 
funds, (3) the auditing and accounting service, (4) the ad¬ 
ministration of the currency and national banking laws, 
(5) miscellaneous functions such as those relating to the 
life-saving service, the public health and marine hospital 
service, engraving and printing, construction of public 
buildings, etc. 

The custody of the government funds devolves upon the 
Treasurer, who is charged with receiving and disbursing 
upon proper warrant all public moneys that may be de¬ 
posited in the treasury at Washington or in the subtreas¬ 
uries at New York, Philadelphia, Baltimore, Cincinnati, 
Chicago, St. Louis, New Orleans, and San Francisco, as 
well as in national banks and federal reserve banks. He is 
also the custodian of miscellaneous trust funds, is the agent 
of the government for paying interest on the public debt 
and for issuing and redeeming government paper currency 
and national bank notes, and is the custodian of the bonds 
deposited with the government to secure national bank cir¬ 
culation. 

The Register of the Treasury issues and signs all bonds 
of the United States, registers bond transfers and redemp¬ 
tion of bonds, and signs transfers of public funds from the 
treasury to the subtreasuries or depositories. 

The Commissioner of Internal Revenue supervises the 
collection of the federal income tax and of the taxes on the 
manufacture of spirituous and malt liquors, tobacco, etc. 

The Comptroller of the Treasury prescribes the forms of 
keeping accounts (except those relating to the postal serv¬ 
ice) and upon the request of a disbursing officer or the head 


332 THE CABINET AND THE EXECUTIVE DEPARTMENTS 

of a department is required to render a decision upon the 
validity of a payment to be made, which decision is binding 
on the disbursing officer or the head of the department, 
unless the decision is reversed by the courts. 

The duties of the six Auditors are, in general, to examine 
and settle all claims for the various departments. Every 
public officer who pays out money must submit an account 
with proper vouchers, and he is not credited with the pay¬ 
ment of the same until his account has been audited and 
approved. 

The principal officers who have to do with currency ad¬ 
ministration are the director of the mint and the comp¬ 
troller of the currency. The Director of the Mint has gen¬ 
eral supervision of the administration of the coinage laws 
and the management of the coinage and assay offices.^ 
The Comptroller of the Currency exercises supervision over 
the national banks. It is his duty to see that national 
banks are properly organized, that the capital stock is 
fully subscribed and paid in, that the necessary amount of 
United States bonds have been duly deposited with the 
government to secure the circulation of their notes, and 
that all banks are properly examined from time to time. 
He also has important duties in connection with the manage¬ 
ment of the federal reserve banks. 

Among the bureaus of the treasury department which 
have no direct relation to the public finances the most 
important is the Public Health Service, which is under the 
direction of a surgeon general who is charged with the 
supervision of the national quarantine stations along the 
seaboard and the marine hospitals established for the relief 
of sick and disabled seamen. He calls conferences of all 
state health boards. He is authorized to adopt regu- 
^ For a list of the mints and assay offices, see pp. 228-229. 


THE DEPARTMENT OF THE TREASURY 


333 

lations to prevent the introduction and spread of contagious 
diseases, and it is his duty to supervise the medical examina¬ 
tion of immigrants seeking admission to the United States. 

The Coast Guards as organized in 1915, is charged with 
the duties of the former life-saving service and the revenue 
cutter service. It renders assistance to persons and vessels 
in distress, patrols the coast for the purpose of preventing 
violations of the customs laws, and enforces the laws re¬ 
lating to quarantine, navigation, protection of the game, 
fishery, and seal industries, etc. It constitutes a part of the 
military forces and is under the treasury department in time 
of peace and under the navy department in time of war. 

The Supervising Architect is charged with the selection 
and purchase of sites for government buildings, such as 
federal courthouses, post-office buildings, customhouses, 
mints, etc.; with the preparation of plans and specifications 
and the awarding of contracts for luch. buildings. 

The Bureau of Engraving and Printing is charged with 
the duty of engraving and printing all government securi¬ 
ties, including United States notes, bonds, certificates, 
national bank notes, federal reserve notes, internal revenue, 
customs, and postage stamps, treasury drafts, etc. 

The Secret Service Division is a body of detective agents 
employed to detect frauds and crimes against the govern¬ 
ment, such as counterfeiting or espionage. Some of the 
force are also employed in guarding the President. 

The Bureau of War Risk Insurance, (created in 1914) is 
charged with carrying out the laws relating to government 
insurance of American ships, soldiers, and sailors. 

The Federal Farm Loan Board (see p. 234) is also under 
the Treasury Department. 

The War Department.—The secretary of war has charge 
of all matters relating to national defense and seacoast 


334 the cabinet AND THE EXECUTIVE DEPARTMENTS 

fortifications, river and harbor improvements, the preven¬ 
tion of obstructions to navigation, and the establishment of 
harbor lines; and all plans and locations, of bridges author¬ 
ized by Congress to be constructed over navigable rivers 
require his approval. 

The army is under the direction of the General Staff Corps 
described on p. 263. Within the war department there are 
also a number of departments, bureaus, and corps, each 
under the direction of an army officer. 

The Adjutant General has charge of the records and 
correspondence of the army and militia; of the recruiting 
service, including enlistments, appointments, promotions, 
resignations, etc. He communicates to subordinate officers 
the orders of the President and the secretary of war, and 
preserves reports of military movements and operations. 

The Inspector General, with his assistants, visits and in¬ 
spects military posts, depots, fortifications, armories and 
arsenals, and public works in charge of army officers, and 
makes reports on the conduct, efficiency, and discipline 
of officers and men, including their equipment, arms, and 
supplies. 

The Chief of the Quartermaster Corps is charged with pro¬ 
viding transportation for the army; also clothing, equip¬ 
ment, horses, mules, wagons, vessels, forage, and rations for 
the use of the army. Large storehouses are maintained in 
various cities, from which supplies are distributed to the 
mihtary posts adjacent thereto. He is also charged with 
the payment of the officers, enlisted men, and other persons 
in the service of the army. 

The Surgeon General has supervision over the medical 
service of the army; looks after the sick and wounded; pro¬ 
vides medical and hospital supplies, and inquires into the 
sanitary conditions of the army. In addition to field hos- 


THE WAR department 


335 

pitals permanent depots and hospitals are maintained at 
various points. The duties of the medical service are per¬ 
formed by a large corps of physicians, nurses, etc. 

The Judge-Advocate General is the chief law officer of the 
army; he reviews records of the proceedings of courts- 
martial, courts of inquiry, and mihtary commissions, and 
acts as legal adviser to the war department. 

The Chief Signal Officer is charged with the supervision 
of mihtary signal duties, the construction, repair, and opera¬ 
tion of mihtary telegraph hnes and cables and the super¬ 
vision of the aviation service. 

The Chief of Ordnance has general supervision of the 
purchase, manufacture, and distribution of artillery, small 
arms, and ammunition for the use of the army and the 
militia. For the manufacture of arms and ammunition 
there are eleven arsenals in different parts of the country, 
the principal ones being at Springfield, Massachusetts, 
Rock Island, Ilhnois, and Watervliet, New York. 

The Chief of Engineers is at the head of the engineering 
corps, a branch of the army which is charged with the con¬ 
struction of pubhc works such as military roads, bridges, 
fortifications, river and harbor improvements, geographi¬ 
cal explorations, and surveys. The construction of the 
Panama Canal is the most notable of the recent undertak¬ 
ings of the war departhient in this field. 

The Militia Bureau, created in 1916, has charge of all 
matters relating to the mihtia. 

In addition to the purely military functions and con¬ 
struction of pubhc works, the war department has certain 
duties in connection with the government of the insular 
possessions and the Panama Canal Zone. So far as these 
duties relate to Porto Rico and the Philippine Islands they 
are under the direction of the Bureau of Insular A fairs, at 


336 THE CABINET AND THE EXECUTIVE DEPARTMENTS 

the head of which is an army officer with the title of chief 
of the bureau. This bureau also has charge of the collec¬ 
tion of the revenues of Haiti and the Dominican Republic 
in accordance with treaties which practically establish an 
American receivership over those republics. 

Finally, the war department has charge of the United 
States Military Academy at West Point, the various post¬ 
graduate schools of instruction for army officers located 
at different army posts, the national military parks at 
Chickamauga, Gettysburg, Shiloh, and Vicksburg, and the 
national cemeteries in various parts of the country. The 
military academy at West Point was founded in 1802. 
A certain number of cadets (the number—for a long 
time one only—has varied at different periods) are ap¬ 
pointed from each congressional district and territory, 
upon the nomination of the representative in Congress from 
the district; also certain numbers from each state at large, 
from the District of Columbia, and from the United States 
at large. All candidates are required to pass a physical 
and intellectual examination; the course of instruction 
lasts four years; and each cadet receives about $600 a 
year for his maintenance. Graduates receive appointments 
as second lieutenants in the army, those standing highest 
usually being appointed to the engineering corps if they 
prefer assignment to that branch of the service. The 
secretary of war exercises general supervision over the 
academy, and it is inspected at regular intervals by a board 
of visitors of whom seven are appointed by the President, 
two by the Vice President, and three by the speaker of the 
house of representatives. 

The Department of the Navy was created in 1798. 
At its head is a secretary, who, like the head of the war de¬ 
partment, is usually taken from civil life. Like the war de- 




West Point Cadets 



Locks in the Panama Canal 


XV 


















THE DEPARTMENT OF THE NAVY 


337 

partment, the navy department is organized into a number 
of bureaus, though unlike those of the war department they 
are not under the direction of a general staff but are more 
or less independent of one another. 

The Bureau of Navigation has charge of the recruiting 
service, the training of officers and men, the naval academy; 
schools for the technical education of enlisted men, ap¬ 
prentice schools, the naval home at Philadelphia, transpor¬ 
tation of enlisted men, records of squadrons, ships, officers 
and men; the preparation of the naval register, preparation 
of drill regulations, signal codes, and cipher codes. Under 
this bureau falls the publication of the Nautical Almanac, 
charts and sailing directions, the naval observatory, and 
the hydrographic office. 

The Bureau of Yards and Docks has general control of 
the navy yards and docks belonging to the government, in¬ 
cluding their construction and repair, and also of the con¬ 
struction of battleships whenever such construction is 
authorized by Congress. The navy yards are located at 
Washington, Brooklyn, Mare Island (California), Phila¬ 
delphia (League Island), Norfolk, Pensacola, Cavite (in the 
Philippines), and various other places. 

The Bureau of Ordnance has charge of the supply of arma¬ 
ment and ammunition for the ships. It supervises the man¬ 
ufacture of guns and torpedoes, installs armament on the 
vessels, and has charge of the naval' proving ground and 
magazines, the naval gun factory, and the torpedo sta¬ 
tion. 

The Bureau of Construction and Repair has charge of the 
planning, building, and repairing of vessels, and of their 
equipment, excepting their armament and engines. 

Other Bureaus of the Navy Department, whose general 
duties are indicated sufficiently by their titles, are: the bureau 
Govt. U. S.— 


338 THE CABINET AND THE EXECUTIVE DEPARTMENTS 

of steam engineering, the bureau of medicine and surgery, 
and the bureau of supplies and accounts. 

The Judge-Advocate General is the law officer of the navy 
department and performs duties similar to those of the 
judge-advocate general of the war department. 

The department of the navy also has general charge of 
the United States Naval Academy dit hxm2i\io\\?>. The acad¬ 
emy was founded in 1846, by George Bancroft, then sec¬ 
retary of the navy. A specified number of midshipmen 
are allowed for each member of Congress and each territorial 
delegate, and certain numbers from the District of Colum¬ 
bia, from Porto Rico, and from the United States at large.^ 
Appointments are made by the President after a physical 
and intellectual examination by a board, and an allowance is 
made for maintaining each midshipman while in residence 
at the academy. The course lasts four years and includes 
instruction in gunnery, naval construction, steam engineer¬ 
ing, navigation, mathematics, international law, modern 
languages, etc. After the completion of the course, mid¬ 
shipmen spend two years at sea, after which they receive 
subordinate appointments in the navy or marine corps. 

The Department of Justice.—The office of attorney- 
general was created in 1789, and from the first the attorney- 
general was a member of the cabinet; but for a long time 
the duties of the office were not extensive, and it was not 
until 1870 that the office was made an executive depart¬ 
ment with its present title and organization. 

The Attorney-General is the chief law officer of the national 
government and is the legal adviser of the President and the 

1 In addition, the secretary of the navy may appoint each year 
one hundred midshipmen from the enlisted men of the nav>- less than 
twenty years old, the selection being made in the order of merit as 
shown by competitive examinations. 


THE DEPARTMENT OF JUSTICE 339 

heads of departments. He represents the United States be¬ 
fore the Supreme Court in cases in which it is a party, ex¬ 
ercises a sort of administrative supervision over the United 
States district attorneys and marshals and over the federal 
penitentiaries, examines applications for pardons, and ad¬ 
vises the President in the exercise of his pardoning power. 
The opinions which he renders on constitutional and legal 
questions referred to him are published by the government 
in a series of volumes, and altogether they constitute an 
important body of constitutional and administrative law. 
Under the direction of the President he institutes proceed¬ 
ings and prosecutes cases against corporations and persons 
for violations of the laws of the United States, or directs 
the district attorneys to do so. 

The Post Office Department.—At the head of the post 
office department is the postmaster-general. He establishes 
and discontinues post offices, appoints all postmasters 
whose compensation does not exceed $1,000 a year, issues 
postal regulations, makes postal treaties with foreign gov¬ 
ernments, with the approval of the President, awards mail 
contracts, and has general supervision of the domestic and 
foreign postal service. There is an assistant attorney- 
general for the post office department, who advises the 
postmaster-general on questions of law, has charge of pros¬ 
ecutions arising under the postal laws, hears cases relating 
to the misuse of the mails, and drafts postal contracts. 
There are also four assistant postmasters-general, each of 
whom has supervision over a group of services within the 
department. The postal service has already been de¬ 
scribed in chapter xiv. 

The Department of the Interior.—The interior depart¬ 
ment, established in 1849, is one of the largest and most 
important of the ten executive departments. Next to the 


340 THE CABINET AND THE EXECUTIVE DEPARTMENTS 

post office department, the services which it performs reach 
more people than those performed by any other depart¬ 
ment. Its staff of employees at Washington ranks second 
in numbers only to that of the treasury department. It has 
charge of the public lands, Indian affairs, pensions, patents, 
the geological survey, and, to some extent, the government 
of the territories. 

The Public Lands.—Perhaps the most important bureau 
in the interior department is the General Land Office, which 
has charge of the public lands, and the care and control of 
the forest reserves. Before the public lands are sold 'or 
otherwise disposed of they must be surveyed. For this 
purpose there are seventeen surveying districts, in each of 
which there is a surveyor general. 

Disposal of the Public Lands .—The public lands have 
been disposed of with a somewhat lavish hand. In the 
early days liberal grants were made to the soldiers of the 
Revolutionary War. Immense quantities have also been 
sold at low rates—much'of it at $1.25 per acre—in order to 
encourage settlers to establish homes thereon. Consider¬ 
able quantities have also been granted to the states for 
educational purposes and the construction of internal im¬ 
provements. Beginning with Ohio in 1802, each new state 
admitted to the Union was given one section in each town¬ 
ship for the support of elementary schools, and those ad¬ 
mitted after 1850 were given two sections in each township. 
Under the Morrill act of 1862, 10,000,000 acres were given 
to the states for the establishment of colleges of agriculture 
and the mechanic arts. Some of the more recently admitted 
states were given from one to four townships each for the 
establishment of universities.^ 

1 The six states admitted between 1889 and 1890 were given 


THE DEPARTMENT OF THE INTERIOR 341 

Before the Civil War, large quantities were given to the 
states for the construction of canals and railroads. Large 
tracts of the public lands have also been granted to private 
corporations as subsidies for the building of transconti¬ 
nental railways. Finally, by an act of 1902, the proceeds 
from the sale of all public lands in seventeen Western states 
are set aside for constructing irrigation works in those states. 

By the preemption act of 1841, it was provided that 160 
acres of land should be given to any family living thereon 
for a period of six months and paying $200 therefor. This 
act was repealed in 1891, but millions of acres were disposed 
of during the fifty years it was in force. 

By the homestead act of 1863, still in force, any head of a 
family may acquire 160 acres by living on it for three years 
(it was five years before 1912), cultivating a certain part 
of it, and paying a small fee. 

The Public Lands now Remaining aggregate about 
665,000,000 acres, including those in Alaska. Of these lands 
a large part have been set aside for Indian reservations, 
national parks, mihtary reservations, and national forests,^ 
and is therefore not open to purchase or entry under the 
homestead act. Arid lands are sold in tracts not exceeding 
640 acres at $1.25 per acre; mineral lands are sold at from 
$2.50 to $5 per acre; timber and stone lands at a minimum 
of $2.50 per acre; town site lands at a minimum of $10 
per acre; and agricultural lands at $1.25 per acre. 

Land Offices are estabfished in all the states where there 
is any considerable amount of public land left. At each 
office there is a register and a receiver who examines appli¬ 
cations for entries and issues certificates upon which patents 
or deeds are finally granted. 

Indian Affairs.—Another important branch of the gov- 

^ There are now 153 national forests, embracing 175,940,000 acres. 


342 THE CABINET AND THE EXECUTIVE DEPARTMENTS 

eminent service falling within the department of the inte¬ 
rior is the management of Indian affairs. For a long time 
each tribe was treated to some extent as though it were an 
independent community, and was dealt with somewhat as 
foreign nations are dealt with. In 1871, however, it was 
enacted that henceforth no Indian tribe should be acknowl¬ 
edged or treated as an independent nation or power with 
which the United States may contract by treaty—an act 
which marks the beginning of the end of Indian tribal 
authority. 

The policy of extending the jurisdiction of the govern¬ 
ment over the Indians was begun by an act of 1885 which 
gave the United States courts jurisdiction over seven lead¬ 
ing crimes when committed by Indians on their reserva¬ 
tions. Previous to that time, crimes committed by Indians 
against Indians within a reservation were left to be dealt 
with by the tribal authorities themselves. 

The Allotment Act .—By the Dawes act of 1887 the new 
Indian policy begun in 1871 was still further extended. 
This act provided for the allotment of Indian lands to in¬ 
dividual members of the tribe, and declared that Indians 
who accepted such allotments or who should leave their 
tribe and adopt the habits of civilized life, should be con¬ 
sidered as citizens of the United States and entitled to all 
the rights and privileges of citizens. Previous to this time 
the lands occupied by the Indians were owned by the tribe 
as a whole and not by the individuals who occupied them. 
Under this act, individual allotments aggregating more 
than 30,000,000 acres have been made to 180,000 Indians. 
There remain about 120,000 Indians, to whom allotments 
are still to be made. The result of this policy will ulti¬ 
mately be to extinguish the Indian tribes and incorporate 
them into the American body politic. 


THE DEPARTMENT OF THE INTERIOR 


343 

Indian Agents .—The control of the national government 
over the Indian reservations is exercised largely through In¬ 
dian agents appointed by the President. They are charged 
with the regulation of trade with the Indians, and have con¬ 
trol of the distribution of rations. At each agency one or 
more schools are maintained, and in addition to the reserva¬ 
tion schools there are schools for the higher education of In¬ 
dians in various parts of the country, the most important 
being at Lawrence, Kansas, and Carlisle, Pennsylvania. 
The aggregate annual expenditures on account of the serv¬ 
ice are now about $15,000,000, more than half of which 
consists of payments due the Indians under treaty stipula¬ 
tions or of interest on trust funds held by the government 
for them. The total amount of these trust funds is about 
$50,000,000.^ 

The Pension Bureau has charge of the administration of 
the pension laws. The payments on account of pensions 
now constitute the largest item of expenditure by the na¬ 
tional government. Before the outbreak of the Civil War, 
pension expenditures rarely exceeded two million dollars 
a year, and the total outlay for this purpose during the en¬ 
tire period of our national history aggregated less than half 
the amount now appropriated for a single year. According 
to the report of the commissioner of pensions for 1917 there 
were 673,111 names on the pension rolls, and the amount 
expended for pensions that year was over $160,000,000. 
More than $5,000,000,000 has been expended for pensions 
since the Civil War, a larger amount than the national 
debt incurred on account of the war itself. 

The Patent Office includes a large number of officers, 

^ The Secretary of the Interior says the Osage Indians are probably 
the wealthiest people in the world, their average per capita wealth 
being over $9,500. Some families have an income of $12,000 a year. 


344 the cabinet and the executive departments 

examiners, and employees, who are under the direction of 
the commissioner of patents. Their work is described on 
p. 260. 

Minor Divisions of the Interior Department .—The Bu¬ 
reau of Education was established in 1867. At its head 
is a commissioner whose duty it is to collect and publish 
statistics and other information concerning the methods, 
conditions, and progress of education in the United States. 
Each year he publishes an elaborate report summarizing the 
educational progress of the country, together with mono¬ 
graphs by experts on special topics of educational interest. 
The commissioner is also charged with the administration of 
the funds appropriated for the support of the colleges of 
agriculture and mechanic arts and with the supervision of 
education in Alaska and the reindeer industry in that 
country. 

The Geological Survey was established as a bureau in the 
department of the interior in 1879. It is under the control 
of a director who is charged with the classification of the 
public lands and the examination of the geological structure, 
mineral resources, and mineral products of the public lands 
and the survey of the forest reserves. The bureau has un¬ 
dertaken the preparation of topographical and geological 
maps of the United States, a considerable portion of which 
has been completed, the collection of statistics of the min¬ 
eral products, the investigation of mine accidents, the 
testing of mineral fuels and structural materials, and the 
investigation of surface and underground waters. 

The Bureau of Mines, created in 1911, is charged with 
conducting investigations looking toward the prevention of 
mine accidents, the introduction of improvements in the 
general health and safety conditions, the conservation of 
mineral resources, etc. The bureau reported in 1913 that 


THE DEPARTMENT OF THE INTERIOR 345 

it had brought about a reduction in the number of fatalities 
due to explosions, from 30 to 13 per cent. 

The Department of Agriculture.—A so-called ^depart¬ 
mentof agriculture was established in 1862, though its 
rank was only that of a bureau and its head bore the title 
of commissioner. From time to time, the scope and func¬ 
tions of the “department” were extended until 1889, when 
it was raised to the rank of a cabinet department with a sec¬ 
retary at its head. Like the other departments, it is or¬ 
ganized into bureaus, offices, and divisions. ' 

The Weather Bureau has charge of the preparation of 
weather forecasts and the display of storm, cold wave, frost, 
and flood warnings for the benefit of agriculture, commerce, 
and navigation. 

The Bureau of Animal Industry conducts the inspection 
of animals, meats, and meat food products under the act of 
Congress of June 30, 1906, and has charge of the inspection 
of import and export animals, the inspection of vessels for 
the transportation of export animals, and the quarantine 
stations for imported live stock; supervises the interstate 
transportation of animals, and reports on the condition and 
means of improving the animal industries of the country. 

The Bureau of Plant Industry studies plant life in its re¬ 
lations to agriculture. It investigates the diseases of plants 
and carries on field tests in the prevention of diseases. It 
studies the improvement of crops by breeding and selection, 
maintains demonstration farms, and carries on investiga¬ 
tions with a view to introducing better methods of farm 
practice. It conducts agricultural explorations in foreign 
countries for the purpose of securing new plants and seeds 
for introduction into the United States. It studies fruits, 
their adaptability to various climates, and the methods of 
harvesting, handling, storing, and marketing them, 


346 THE CABINET AND THE EXECUTIVE DEPARTMENTS 

The Forest Service is charged with the administration 
of the National Forests. It also gives practical advice in the 
conservation and handling of national, state, and private 
forest lands, and in methods of utilizing forest products; in¬ 
vestigates methods of forest planting, and gives practical 
advice to tree planters; studies commercially valuable trees 
to determine their best management and use; gathers 
statistics on forest products, in cooperation with the bureau 
of the census, and investigates the control and prevention 
of forest fires, and other forest problems. 

The Bureau of Chemistry conducts investigations into the 
chemical composition of fertilizers, agricultural products, 
and food stuffs. In pursuance of the pure food law of 1906, 
it examines foods and drugs intended to be sent from one 
state to another, with a view to determim'ng whether they 
are adulterated or misbranded. It also conducts investiga¬ 
tions of food stuffs imported from abroad and denies entry 
to such as are found unwholesome, adulterated, or falsely 
labeled. It also inspects food products intended to be ex¬ 
ported to foreign countries where standards of purity are 
required. 

Other Bureaus^ whose duties are indicated by their titles, 
are: the bureau of soils, the bureau of statistics, the bureau 
of entomology, the bureau of biological survey, the oflice of 
experiment stations, and the office of public roads. 

The Department of Commerce embraces what remains 
of the department of commerce and labor created in 1903, 
and divided in 1913 by the creation of the department of 
labor. It is charged with the promotion of the commerce 
of the United States and its mining, manufacturing, ship¬ 
ping, fishing, and transportation interests. 

The Bureau of the Census is charged with the duty of tak¬ 
ing the decennial census of the United States, including the 


THE DEPARTMENT OF COMMERCE 


347 

collection of such special statistics as Congress may author¬ 
ize. The first census, that of 1790, was taken under the di¬ 
rection of the United States marshals in their respective 
districts; the statistics collected related only to popula¬ 
tion, and the schedule embraced only six questions. In 1880 
the use of the marshals was done away with and a corps of 
census supervisors provided. Until 1902 the machinery for 
taking.the census was organized anew for each census, but in 
the latter year provision was made for a permanent census 
bureau. The schedule of inquiries has increased from dec¬ 
ade to decade until it now embraces a wide range of ques¬ 
tions relating not only to population, but also to vital sta¬ 
tistics, agriculture, manufactures, defective and criminal 
classes, cotton production, statistics of cities, state and local 
finances, transportation, mining, and various other matters, 
the results of which are published in a series of large volumes 
and in special bulletins. At the head of the bureau is a di¬ 
rector, who is aided by an assistant director, a number of 
statisticians and experts, and a corps of local supervisors 
and enumerators. The census work was in the charge of 
the department of state until 1850, when it was transferred 
to the department of the interior. 

The Bureau of Navigation ^ is charged with the general 
superintendence of the merchant marine of the United 
States and of the enforcement of the navigation laws. It 
has charge of the registration of American vessels engaged 
in the foreign trade, and of the enrollment and licensing of 
vessels in the coasting trade. It supervises the execution of 
the tonnage laws and the collection of tonnage duties; pre¬ 
pares an annual list of vessels registered under the American 

1 This bureau in the department of commerce must not be confused 
with the bureau of navigation in the navy department, already 
described. 


348 THE CABINET AND THE EXECUTIVE DEPARTMENTS 

flag; and supervises the work of the United States shipping 
commissioners, who administer the laws for the protection 
of seamen. 

The Steamboat Inspection Service is charged with the ad¬ 
ministration of the laws providing for the inspection of 
steam and sailing vessels registered under the American 
flag; with the examination and licensing of officers of such 
vessels, and with the protection of life and property on 
water. At the head of the service is an inspector general, 
who is aided by ten supervising inspectors, each of the latter 
having under his supervision a number of local inspectors 
stationed at the important commercial ports. All vessels 
must be inspected once a year as to their safety, construc¬ 
tion, and facilities for protection against fire. 

The Bureau of Fisheries has control of fish hatcheries in 
many parts of the country, for the propagation of useful 
food fishes; studies fish culture and the causes of the de¬ 
crease of food fishes; collects statistics in regard to the 
fishery industry; and in general promotes the fishery inter¬ 
ests. It supervises the salmon fisheries of Alaska and the 
fur seal industry on the Pribilof Islands of the Bering Sea. 

The Bureau of Lighthouses is charged with the con¬ 
struction and maintenance of lighthouses, light vessels, 
beacons, fog signals, buoys, and other aids to navigation. 
The seaboard is divided up into lighthouse districts, in each 
of which is a naval officer who serves as inspector and has 
immediate charge of the supply, maintenance, and admin¬ 
istration of the lighthouses in his district. At each light¬ 
house there is a keeper and one or more assistant keepers. 
The establishment now consists of more than 1,500 light¬ 
houses and beacons, a fleet of light-ships, and more than 
6,000 buoys. Since 1910 the service has been under the 
supervision of a commissioner. 


THE DEPARTMENT OF COMMERCE 349 

The Bureau of Standards, established in 1901, is charged 
with the custody of the national standards, the testing of 
measuring apparatus, and the investigation of problems re¬ 
lating to standards of weighing and measuring. 

The Coast and Geodetic Survey is charged with the survey 
of the coasts and of rivers to the head of tide water, and 
the publication of charts of the same; the investigation of 
questions relating to temperature, tides, currents, and the 
depths of navigable waters; the making of magnetic obser¬ 
vations ; the determination of geographic positions, and the 
like. The results are published in annual reports and spe¬ 
cial publications. It prepares tables, sailing directions, 
charts of the coasts, harbor charts, notices to mariners, and 
other publications for the use of mariners. 

The Bureau of Foreign and Domestic Commerce is 
charged with fostering and developing the various manu¬ 
facturing interests of the United States and extending the 
markets for manufactured articles abroad, by collecting and 
publishing all available and useful information concerning 
such markets and industries. It publishes statistics of 
commerce, finance, etc., consular and trade reports, and an 
annual volume known as the “ Commercial Relations of 
the United States.’’ 

The Bureau of Corporations, created in 1903, was intended mainly 
to furnish an agency for the investigation of corporations suspected 
of violating the anti-“ trust ” laws of the United States. It was 
authorized to investigate the organization and methods of any corpo¬ 
ration or joint-stock company engaged in foreign or interstate com¬ 
merce (except common carriers subject to the interstate commerce 
act) and to report to the President such information as might be of 
value in enabling him to enforce the anti-“ trust” laws. It was 
abolished in 1914 and its duties were devolved upon the newly 
created Federal Trade Commission, which has already been described 
(see p. 245). 


350 THE CABINET AND THE EXECUTIVE DEPARTMENTS 

The Department of Labor was created in 1913, and is 
charged with fostering, promoting, and developing the 
welfare of the wage earners of the United States, especially 
the improvement of the conditions under which they work 
and the advancement of their opportunities for profitable 
employment. 

The Bureaus of Immigration and Naturalization, formerly 
consolidated in the department of commerce and labor, 
were divided in 1913 and transferred to the new depart¬ 
ment of-labor. They are charged respectively with the ad¬ 
ministration of the immigration laws and the administra¬ 
tion of the naturalization laws of the United States.^ 

The Bureau of Labor Statistics, formerly known as the 
bureau of labor, was transferred from the former depart¬ 
ment of commerce and labor in 1913. It is charged with 
collecting and diffusing among the people of the United 
States useful information on subjects connected with labor 


^ See also pp. 238-239. The increase in the number of immi¬ 
grants by decades is shown by the following table: 


Decade 

Population at Beginning 
OF Decade 

Total Number of 
Immigrants 

1821-1830 .. 

9,633,822 

143,439 

1831-1840 . 

12,866,020 

599,125 

1841-1850 . 

17,069,453 

1,713,251 

1851-1860 . 

23,191,876 

2,598,224 

1861-1870 . 

31,443,321 

2,314,824 

1871-1880 . 

38,558,371 

2,812,191 

1881-1890 . 

50,155,783 

5,246,613 

1891-1900 . 

62,622,250 • 

3,687,564 

1901-1910 . 

75 , 994,575 

8,793,386 


In 1916 naturalization certificates were issued to 93,911 persons and 
declarations of intention to become citizens were made by 207,935. 
















THE DEPARTMENT OF LABOR 


351 

in the most general and comprehensive sense of that word, 
and especially upon its relations to capital, the hours of 
labor, the earnings of laboring men and women, and the 
means of promoting their material, social, intellectual, and 
moral prosperity. 

It is especially charged with investigating the causes of 
and facts relating to all controversies and disputes between 
employers and employees. It publishes from time to time 
the results of elaborate investigations on various subjects 
relating to labor and industry, and also issues a bimonthly 
bulletin on special topics within the same field. 

The Children's Bureau, established in 1912, is charged 
with the investigation of problems relating to the welfare 
of children, such as the conditions of the employment of 
children, the causes of infant mortality, etc. It publishes 
bulletins relating to child labor, the care of children, 
mothers’ pensions, etc. 

References.— Andrews, Manual of the Constitution, pp. 327-352. 
Beard, American Government and Polifics, ch. xi. Bryce, The 
American Commonwealth (abridged edition), ch. viii. Fairlie, 
National Administration of the U. S., ch. iv. Harrison, This Coun¬ 
try of Ours, chs. xi-xviii. 

Documentary and Illustrative Material.—i. The Congressional 
Directory. 2. Annual reports of the heads of department and other 
officials, such as the commissioner of pensions, the commissioner of 
the general land office, the commissioner general of immigration, the 
civil service commission, the interstate commerce commission, etc. 

Research Questions 

1. What is the origin of the term “cabinet”? On what days are 
cabinet meetings now held? 

2. What are the principal differences between the American cab¬ 
inet and the British cabinet? 

3. Do you think the members of the cabinet should be members 


352 THE CABINET AND THE EXECUTIVE DEPARTMENTS 

of Congress? If not, ought they to be allowed seats in Congress with¬ 
out the right to vote? 

4. Do you think the President ought ever to disregard the advice 
of his cabinet? 

5. Give the names of five distinguished secretaries of state since 
1789. 

6. Washington’s first cabinet was composed of an equal number 
of members from both political parties. Would it be wise to follow 
that practice? 

7. Why is the secretary of the treasury required to make his an¬ 
nual reports to Congress while the other heads of departments make 
theirs to the President? 

8. Would it be wise to elect the heads of departments of the 
federal government by popular vote as those of the state governments 
usually are? 

9. Do you think the secretary of war ought to be an army officer 
as is the usual practice in Europe? 

10. Why is the postmaster-generalship usually given to an active 
party manager? 

11. Why is an importer ineligible under the law to appointment as 
secretary of the treasury? 

12. Why is the department of state really misnamed? Would the 
title “department of foreign affairs” indicate more precisely the duties 
of the department? 

13. What is your opinion of the movement to estabfish a depart¬ 
ment of public health? 

14. Do you think the bureau of education should be raised to the 
rank of a department? 


4 









The United States Supreme Court 



The Supreme Court Room 


XVI 













CHAPTER XVIII 


THE FEDERAL JUDICIARY 

Establishment of the Federal Judiciary.—The Articles 
of Confederation, as we have seen, made no provision for 
a national judiciary. Hamilton declared this to be the 
crowning defect of the old government, for laws, he very 
properly added, are a dead letter without courts to ex¬ 
pound their true meaning and define their operations. 
During the period of the Confederation, the national gov¬ 
ernment was dependent for the most part, as has been said, 
on the states for the enforcement of its will. Thu's if some 
one counterfeited the national currency, robbed the mails, 
or assaulted a foreign ambassador, there was no national 
court to take jurisdiction of the case and punish the of¬ 
fender. The only way by which he could be brought to 
justice and the authority of the national government up¬ 
held was through the kindly assistance of some state court, 
and this assistance was not always cheerfully lent nor was 
it always effective when tendered. Congress to be sure 
acted as a court for the settlement of disputes between 
the states themselves, but a legislative assembly is never 
well fitted for exercising judicial functions. In the absence 
of a national judiciary it proved impossible to enforce 
solemn treaty stipulations to which the United States was 
a party, a fact which led Great Britain to refuse to carry 
out certain of her treaty engagements with the United 
States. 

Govt. U. S.—23 


353 


THE FEDERAL JUDICIARY 


354 

The Judicial Power of the United States.—The fram¬ 
ers of the Constitution decided that the jurisdiction of 
the national courts should be restricted to questions of 
national interest and to those involving the peace and 
tranquillity of the Union, such as disputes between the 
states themselves and between citizens of different states, 
and that the jurisdiction of all other controversies should 
be left to the determination of the courts of the several 
states. The jurisdiction of the federal courts, therefore, 
was made to include all cases whether of law or equity 
arising under the national Constitution, the laws of the 
United States, and all treaties made under their authority; 
all cases affecting ambassadors, other public ministers, and 
consuls; all cases of admiralty and maritime jurisdiction; 
all controversies to which the United States is a party; 
all controversies between two or more states; and between 
a state, or the citizens thereof, and foreign states or citi¬ 
zens or subjects thereof.^ 

The wisdom and propriety of giving the federal courts 
jurisdiction over all such cases are obvious, since they 
involve either national, interstate, or international ques¬ 
tions. Manifestly, the state courts could not properly 
be left to determine finally controversies involving the 

1 In two classes of these cases, namely, those in which ambassadors, 
other public ministers, and consuls are parties and those in which a 
state is a party, the Supreme Court has original jurisdiction, that 
is, the right to hear and determine the case in the first instance. 
But that does not mean that the Supreme Court has exclusive juris¬ 
diction in such cases. Other federal courts may try such cases, and as 
a matter of fact few original suits have ever been brought in the 
Supreme Court. In the other classes of cases mentioned, the Supreme 
Court has appellate jurisdiction (with-such exceptions as Congress 
may make), that is, such cases must be commenced in the lower courts, 
from which they may be taken on appeal to the Supreme Court. 


THE JUDICIAL POWER OF THE UNITED STATES 355 

meaning or the application of provisions of the federal Con¬ 
stitution, laws, or treaties, since in that case they would 
not be what they are declared to be, namely, the supreme 
law of the land. Conflicting decisions would be rendered 
by the courts of different states, and in case of inconsist¬ 
ency between state constitutions and laws on the one 
hand and the federal Constitution, laws, and treaties on 
the other, the state courts would be under the temptation 
to uphold the validity of the former. 

The Eleventh Amendment.—Ks originally adopted, the 
Constitution permitted suits to be brought in the federal 
courts against a state by citizens of another state or by 
citizens of foreign countries, and when a suit brought 
against the state of Georgia in 1793 by a citizen of South 
Carolina named Chisholm for the recovery of a debt was 
actually entertained by the Supreme Court, widespread 
popular indignation followed the decision. The authorities 
of Georgia felt that it was derogatory to the dignity of a 
sovereign state that it should be made the defendant in a 
suit brought by a private individual, and a demand was 
made that the Constitution be amended so as to prevent 
such “suits’’ in the future. As a result of this demand, the 
Eleventh Amendment was adopted in 1798 which declared 
that the judicial power of the United States should not be 
construed to extend to suits brought against a state by 
citizens of another state or of a foreign country. Neverthe¬ 
less while a state cannot be made a defendant in a federal 
court at the instance of a private individual of another 
state, the federal courts may entertain jurisdiction of suits 
between a state and a citizen of another state provided the 
state is the plaintiff. 

How Cases AriseT —A case “arises” under the Con¬ 
stitution, laws, or treaties whenever a suit is filed involving 


THE FEDERAL JUDICIARY 


356 

a right or privilege thereunder. Until a case arises/’ that 
is, until it comes before the courts in due form, they will 
take no notice of it. When President Washington in 1793 
sought the opinion of the Supreme Court on certain points 
involving our obligations to France under the treaty of 
alliance of 1778 it declined to answer his question, holding 
that it could give opinions only in cases properly brought 
before it. 

The Regular Federal Courts.—The Constitution de¬ 
clares that the judicial power of the United States shall be 
vested in one Supreme Court and in such inferior courts 
as Congress may from time to time ordain and establish. 
The Supreme Court, therefore, is the only federal tribunal 
which owes its existence to the Constitution, the others 
being created by statute. Even as to the Supreme Court 
Congress has considerable power of control, since it de¬ 
termines the number of judges of which it shall be composed, 
and the amount of their compensation. But it cannot re¬ 
move any judge except upon impeachment, or reduce his 
compensation after he has once been appointed. 

The Supreme Court is at present composed of one Chief 
Justice and eight associate justices. It holds its sessions in 
the city of Washington from October to May of each year. 
Practically all the cases which it hears are those appealed 
from the lower courts. When a case has been argued, the 
court holds a consultation at which the points involved are 
considered and a decision is reached. The Chief Justice 
then requests one of his associates to prepare the opinion 
of the court, or he may prepare it himself, after which it is 
scrutinized by the court at a second conference and ap¬ 
proved. Any member of the court who disagrees with the 
majority may file a dissenting opinion, a right frequently 
taken advantage of. The concurrence of at least five of 


THE REGULAR FEDERAL COURTS 


357 


the nine judges is necessary to the validity of a decision, 
and as a matter of fact, many important decisions have 
been rendered in recent years by a bare majority of the 
court. The opinions rendered are published as the United 
States Reports, of which there are now more than 200 vol¬ 
umes. They constitute the great authoritative source of 
the constitutional law of the United States, are studied by 
lawyers and judges, and are relied upon by the courts as 
precedents for the decisions of future cases involving sim¬ 
ilar points of law.^ There is a reporter who arranges and 
publishes the opinions, a clerk who keeps the records, and 
a marshal who attends the court, preserves decorum, and 
enforces its orders. 

The Circuit Courts of Appeals .—Next below the Supreme 
Court are the circuit courts of appeals, nine in all—one for 
each of the judicial circuits into which the country is di¬ 
vided.^ These courts were created by act of Congress 
in 1891 to relieve the Supreme Court from an accumulation 
of business that rendered the prompt decisions of cases 


1 The justices of the Supreme Court wear black silk gowns when 
holding court. The Chief Justice sits in the middle of a row of chairs, 
his associates being arranged on his right and left in the order of 
seniority of service. 

2 The first circuit embraces Maine, Massachusetts, New Hampshire, 
and Rhode Island; the second, Connecticut, New York, and Vermont; 
the third, Delaware, New Jersey, and Pennsylvania; the fourth, 
Maryland, North Carolina, South Carolina, Virginia, and West 
Virginia; the fifth, Alabama, Florida, Georgia, Louisiana, Mississippi, 
and Texas; the sixth Kentucky, Michigan, Ohio, and Tennessee; 
the seventh, Illinois, Indiana, and Wisconsin; the eighth, Arkansas, 
Colorado, Oklahoma, Iowa, Kansas, Minnesota, Missouri, Nebraska, 
New Mexico, North Dakota, South Dakota, Utah, and Wyoming; 
the ninth, Alaska, Arizona, California, Idaho, Montana, Nevada, 
Oregon, Washington, and Hawaii. 


THE FEDERAL JUDICIARY 


358 

impossible, the docket of the court having become so 
overcrowded that it was about three years behind with its 
business. The act creating the circuit courts of appeals, 
however, did not provide an additional class of judges to hold 
these courts, but enacted that each of them should be held 
by three judges assigned for the purpose from among the 
judges of the circuit. The judges of each circuit include 
one justice of the Supreme Court assigned to the circuit, 
two or more circuit judges appointed for the circuit, and 
a considerable number of district judges, each appointed 
for a district in the circuit. Most circuit courts of appeals 
are held by three circuit judges; but occasionally by two 
circuit judges together with a district judge or the Supreme 
Court justice. The circuit courts of appeals have only ap¬ 
pellate jurisdiction, that is, they hear and determine only 
cases appealed from the lower courts, and their decisions 
are final in most cases. This relieves the Supreme Court 
of all but the most important cases, and enables it to give 
more attention to the cases before it and to dispatch its bus¬ 
iness more promptly. 

Former Circuit Courts .—Prior to 1911 next below the 
circuit courts of appeals were the circuit courts, which were 
held in the different districts within the circuit, either by a 
circuit judge or by the justice of the Supreme Court as¬ 
signed to the circuit, or by a district judge, or by the three, 
or any two of them, sitting together. In 1911 the circuit 
courts were abolished and their jurisdiction conferred on the 
district courts. The circuit judges, however, were retained 
and will henceforth sit in the circuit courts of appeal. 

The District Courts .—The lowest grade of federal court 
is the district court, held in each of the districts (about 
eighty) into which the country is divided. In some cases 
a state constitutes one district; in other cases a state is di- 


THE REGULAR FEDERAL COURTS 


359 

vided into two, three, four, or five districts. Usually there 
is one judge for each district, though in a few cases there 
are several judges for a single district, each holding court 
separately. 

The jurisdiction of the district court embraces civil and 
criminal cases under the laws of the United States—such 
as suits for the infringement of patents and copyrights, 
admiralty cases, bankruptcy proceedings, revenue cases; 
and offenses against the United States revenue laws, laws 
against counterfeiting, the public land laws, the pure food 
laws, the postal laws, and the interstate commerce laws. 
Controversies between citizens of different states may also 
be brought to this court. ^ 

In most cases appeals may be taken from the decisions 
of the district courts to the circuit courts of appeals or to 
the Supreme Court. 

Federal Attorneys, Marshals, and Clerks.—In each of the 
federal judicial districts, there is a United States attorney 
who prosecutes violations of the federal laws in his district. 
There is also in each district a United States marshal who 
bears somewhat the same relation to the federal court that 
a sheriff does to a state court. He executes the processes 
of the court, arrests offenders, and performs other minis¬ 
terial functions for the court. In each district there is a 
clerk who has custody of the seal of the court and keeps a 
record of its proceedings, orders, judgments, etc. The 
marshal and attorney are appointed by the President, but 
the clerk is chosen by the court itself. 

1 Such suits may also be brought in the state courts but may at 
the option of the defendant be transferred to a federal court for 
trial. Many lawyers prefer to bring their suits in the state courts 
even when they have the privilege of suing in the federal courts, be¬ 
cause of their greater familiarity with the procedure of these courts. 


THE FEDERAL JUDICIARY 


360 

In each district, also, the court appoints a number of 
United States commissioners who are empowered to issue 
warrants for arrest, take bail, determine whether accused 
persons shall be held for trial, and perform other duties 
somewhat similar to those discharged by justices of the 
peace under the judicial system of the state. 

The Regular Federal Judges.— Appointment .—All federal 
judges are appointed by the President, by and with the ad¬ 
vice and consent of the Senate. The judges of most of the 
states, as we have seen, are now chosen by popular election, 
but that method did not commend itself to the framers of 
the federal Constitution. The existing method of appoint¬ 
ing federal judges has given general satisfaction, and with 
remarkably few exceptions, the persons appointed to the 
federal bench have been men of integrity and fitness.^ 

The term for which all the regular federal judges are ap¬ 
pointed is good behavior. This is virtually for life, since 
they cannot be removed except by impeachment.^ All 
other officers of the United States are appointed for definite 
terms, usually for four years. Except in a few states, the 
state judges are elected for definite terms ranging from two 
years to twenty-one years (p. 113). The framers of the 
federal Constitution, however, were deeply impressed with 
the advantages of a judiciary possessing the qualities of 
permanency and independence, and they wisely provided 
that the judges should hold their offices so long as their of¬ 
ficial conduct was above reproach. 

Compensation .—The Constitution declares that the judges 
shall receive at stated times a compensation for their serv¬ 
ices which shall not be diminished during their continuance 

1 For a description of the comparative merits of the various methods 
of selecting judges, see pp. 113-114. 

2 For a list of federal judges who have been impeached see p. 194. 


THE REGULAR FEDERAL JUDGES 361 

in office. As we have seen, the compensation of the Presi¬ 
dent oan neither be increased nor diminished during the 
time for which he is elected, but the prohibition in the case 
of the judges applies only to a reduction of their salaries. 
Increases are permitted to be made at any time. The com¬ 
pensation now allowed the chief justice of the Supreme 
Court is $15,000 a year, and the associate justices $14,500, 
amounts which are low in comparison with the salaries 
of the highest English judges, who receive $25,000 a year. 
The circuit judges receive $7,000 a year, and the district 
judges $6,000. 

Any judge of a United States court having held his com¬ 
mission ten years and having attained the age of seventy 
years, may retire from the bench and receive the same sal¬ 
ary during the rest of his life that was payable to him at 
the time of his resignation. Few judges do retire, however. 

Power of the Supreme Court to Declare Laws Uncon¬ 
stitutional.—An important* power of the Supreme Court 
for which there is no direct authority in the Constitution, 
is that of declaring acts of Congress which are in conflict 
with the Constitution, null and void and of no effect. This 
power was first exercised by the Supreme Court in 1801 in 
the famous case of Marbury v. Madison. Congress had 
passed an act giving the Supreme Court original jurisdic¬ 
tion in certain cases where the Constitution says it should 
have appellate jurisdiction, and when the act came before 
the court for enforcement it declined to be bound by it. The 
great chief justice, John Marshall, wrote the opinion of the 
court which held the act of Congress null and void. His 
argument, in brief, was that the Constitution is the supreme 
law of the land and the judges are bound to give effect to it. 
When, therefore, the court is called upon to give effect to a 
law of Congress which is clearly in conflict with the higher 



THE FEDERAL JUDICIARY 


362 

law of the Constitution, it must give the preference to the 
latter, otherwise the declaration in favor of the supremacy 
of the Constitution would have no meaning. Down to 
1913 the Supreme Court had declared thirty-three acts of 
Congress, or parts of such acts, unconstitutional. 

Power to Declare State Laws Unconstitutional .—^Laws 
passed by the state legislatures, ordinances of municipal 
councils, and even the provisions of state constitutions 
themselves may be declared null and void by the Supreme 
Court in case they are in conflict with the national Consti¬ 
tution or the laws and treaties made in pursuance thereof. 
It has already been pointed out that appeals may be 
taken to the federal Supreme Court from the highest 
courts of a state whenever a right, title, or privilege under 
the federal Constitution is involved and the state court has 
decided against the right or privilege claimed. Thus where 
one is prosecuted and convicted under a state law or provi¬ 
sion of a state Constitution which he claims is contrary to 
some provision in the federal Constitution or laws, he has 
a right to appeal to the United States Supreme Court and 
have the question of the constitutionality of the state law 
finally determined there. This is a necessary consequence 
of the supremacy of the federal Constitution and laws over 
those of the states. More than 200 acts of state legislatures 
have been pronounced null and void by the United States 
Supreme Court.^ 

Sometimes inferior federal courts declare acts of Congress ' 
and of the state legislatures to be unconstitutional, but in 
all such cases an appeal may be taken to the Supreme Court 
for final review. 

Special Courts of the United States.—In addition to 
the three classes of United States courts, already described, 

1 Baldwin, “ The American Judiciary,” p. 106. 


SPECIAL COURTS OF THE UNITED STATES 363 

several tribunals of a special or temporary character have 
been created to hear and determine particular classes of 
controversies. Some of these courts are held by judges who 
are appointed for definite terms. 

The Court of Claims was created in 1855 to pass upon 
claims against the government. It consists of a chief justice 
and four associate justices who serve during good behavior. 
It is a well-established principle of public law that a sover¬ 
eign state cannot be sued against its will. Before the crea¬ 
tion of this court claims against the government had to be 
considered by Congress, a body which aside from being ill 
fitted for the hearing of such cases, was overburdened by the 
necessity of considering the large number of claims annually 
laid before it. The government now allows itself to be sued 
in this court on most claims of a contractual nature, but 
the judgments of the court cannot be paid until Congress 
appropriates the money for their payment, and hence the 
court cannot issue an execution to enforce its findings. At 
each session of Congress, an appropriation is made to sat¬ 
isfy any judgments made or which may be made by the 
court. Appeals are allowed to be taken from the court of 
claims to the Supreme Court on questions of law. Among 
the more important classes of claims that have been adjudi¬ 
cated by this court were the French Spoliation claims, and 
Indian depredation claims, both involving numerous claims 
and very large amounts in the aggregate. 

In 1906 a United States court was established in China 
to exercise jurisdiction in certain cases previously exercised 
by the consuls. It is held by a single judge appointed by 
the President for a term of four years. 

The tariff law of 1909 created a United States Court of 
Customs Appeals, consisting of a presiding judge and four 
associates, to hear appeals from the board of general ap- 


THE FEDERAL JUDICIARY 


364 

praisers in cases involving the construction of the law and 
facts respecting the classification of imported articles and 
the rate of duty imposed thereon. 

In 1910 a Commerce Court was created, to decide appeals 
from the orders of the Interstate Commerce Commission; 
but in 1913 this court was abohshed. 

In the District of Columbia Congress has created two 
courts, with judges appointed to hold office during good 
behavior: the supreme court of the district, consisting of 
a chief justice and five associate justices; and the court 
of appeals, consisting of a chief justice and two associate 
justices. Appeals may be taken from the former to the 
latter, whose decisions in some cases are reversible by the 
Supreme Court of the United States. Appeals may also 
be taken from the decisions of the commissioner of patents 
to the court of appeals of the District of Columbia. 

In each of the territories there are supreme and district 
courts established by Congress in pursuance of its power to 
provide for the government of the territories, but they are 
not considered as a part of the judicial system of the United 
States, although the judges are appointed by the President.^ 

Constitutional Protections in the Federal Courts.—The 
Constitution contains a number of provisions intended to 
protect accused persons against unauthorized prosecutions 
in the federal courts, as well as against arbitrary procedure 

^ In most of the countries of continental Europe there is a special 
class of tribunals called “administrative courts” to decide contro¬ 
versies between private individuals and the public authorities. There 
are no such courts in the United States, although the customs court, 
the court of claims, and the interstate commerce commission bear some 
resemblance to an administrative court. Many “ administrative ” 
questions are decided by such officials as the secretary of the treasury, 
the commissioner of immigration, and the commissioner of patents. 


CONSTITUTIONAL PROTECTIONS 365 

in the course of the trial. As the Constitution originally 
stood, it contained few provisions of this kind; and this fact 
constituted one of the most serious objections urged against 
the ratification of that instrument. In consequence of this 
the first ten Amendments were adopted in 1790, and of these 
no less than five relate to the rights of accused persons on 
trial in the federal courts. 

Most important of all, perhaps, the Sixth Amendment de¬ 
clares that in criminal prosecutions (in the federal courts) 
the accused shall enjoy the right to a speedy and public 
trial, by an impartial jury of the state and district wherein 
the crime shall have been committed; that he shall be in¬ 
formed of the nature and cause of the accusation; that he 
shall have the right to be confronted by the witnesses against 
him; that he shall have compulsory process for obtaining 
witnesses in his favor; and that he shall have the assistance 
of counsel for his defense.^ 

The Fifth Amendment protects the accused from prose¬ 
cution in capital cases or cases involving infamous crime ex¬ 
cept upon indictment by a grand jury. Some of the states, 
as we have seen, have abolished the grand jury, and 
provided for prosecutions in their courts without the inter¬ 
vention of such an agency, but no person may be prosecuted 
in a federal court for a serious crime until he has been held 
for trial by a grand jury. The same amendment also for¬ 
bids the trial of a person a second time for the same offense, 
if he was acquitted on the first trial; declares that he shall 
not be compelled to testify against himself; that he shall 
not be deprived of life, liberty, or property without due 
process of law; and that private property shall not be 
taken for public use without just compensation. 

1 The purpose and meaning of these guarantees are discussed in 
chapter vi, pp. 118-119. 


3 d6 THE FEDERAL JUDICIARY 

The Fovrth Amendment declares among other things that 
no warrant for arrest (by the federal authorities) shall be 
issued except upon probable cause, supported by oath or 
affirmation and particularly describing the person to be 
seized. This provision is designed to prevent arbitrary ar¬ 
rests of persons on mere suspicion. It prohibits general 
search warrants such as were commonly used by the British 
authorities in the colonies prior to the outbreak of the 
Revolution and which were popularly known as writs of 
assistance.” Such warrants did not mention the name of 
the person to be arrested but permitted the officer to insert 
any name in the warrant and arrest whomsoever he might 
choose. 

The Eighth Amendment declares that excessive bail shall 
not be required, nor excessive fines imposed, nor cruel and 
unusual punishment inflicted. The purpose of the first pro¬ 
vision is discussed on p. 119. The purpose of the other 
two prohibitions is to prevent the old severities of the penal 
code that were common two hundred years ago. 

Treason .—Among the crimes in the prosecution of which 
judges were frequently arbitrary and which were punished 
with undue severity, was that of treason. Treason has al¬ 
ways been regarded as the highest crime known to society, 
because it seeks the overthrow or destruction of the gov¬ 
ernment itself. In earlier times, judges frequently con¬ 
strued offenses to be treasonable which were not declared 
so by the laws. This was known as constructive treason. To 
prevent them from construing the existence of treason 
where it really did not exist, parliament therefore passed a 
statute during the reign of Edward III defining the offense 
with more or less precision, and this definition in substance 
was incorporated in the Constitution of the United States. 
This provision declares that treason against the United 


CONSTITUTIONAL PROTECTIONS 367 

States shall consist only in levying war against them or in ad¬ 
hering to their enemies, giving them aid and comfort. The 
Supreme Court in interpreting this provision has ruled that 
in order to constitute treason there must be an actual levy¬ 
ing of war or an assembling of persons for the purpose of 
making war; that a mere conspiracy to subvert the govern¬ 
ment by force is not treason, but after the war has once be¬ 
gun, all those who perform any part, however minute or re¬ 
mote, or who give aid and comfort to the enemy, are traitors 
and as such are liable to the penalties of treason. To pro¬ 
tect persons accused of treason against conviction upon the 
testimony of a single witness, the Constitution requires the 
testimony of two witnesses to the act, or confession in open 
court, to convict. Congress is authorized to prescribe the 
punishment of treason, but the Constitution declares that 
no attainder of treason shall work corruption of blood or 
forfeiture except during the life of the person attainted. 
Under the old law, a person convicted of treason was not 
only put to death in a barbarous manner, but his blood was 
considered as “corrupted” or “attainted,” so that as a mat¬ 
ter of course, without any decree of the court to that effect, 
his children could not inherit property or titles through him. 
Thus the innocent offspring of the traitor were punished 
for the offense of the parent. The provision of our Consti¬ 
tution places the punishment on the offender alone. 

References.— ^Andrews, Manual of the Constitution, pp. 201-223. 
Baldwin, The American Judiciary, ch. ix. Beard, American Govern¬ 
ment and Politics, ch. xv. Bryce, The American Commonwealth 
(abridged edition), chs. xxi-xxii. Harrison, This Country of Ours, 
chs. xx-xxi. Hart, Actual Government, ch. xvii. 

Documentary and Illustrative Material.—i. The Congressional Di¬ 
rectory, which contains a list of the higher judges and the judicial dis¬ 
tricts. 2. Specimen copies of decisions of the Supreme Court. These 
may be obtained from the clerk of the Supreme Court at Washington. 


368 


THE FEDERAL JUDICIARY 


Research Questions 

1. Name the Chief Justices of the United States Supreme Court 
from 1789 to the present time. 

2. Name the present members of the Supreme Court and give the 
date of the appointment of each. (See Congressional Directory). 

3. In which one of the nine judicial circuits of the United States 
do you live? Who is the Supreme Court justice assigned to the cir¬ 
cuit? Who are the circuit judges of the circuit? 

4. Who is the United States district judge for your district? At 
what places in your state are United States district courts held? 

5. Who is the United States attorney for your district? The United 
States marshal? 

6. What is meant by the terms “constitutional” and “uncon¬ 
stitutional ” as applied to an act of Congress? Do you think the courts 
should be allowed to declare a law unconstitutional? 

7. Do you think it is a wise provision which allows federal judges 
to serve during good behavior? 

8. It has been proposed by a well-known public man that federal 
judges should be elected by the people. What is your opinion of the 
proposition? 

9. Do you think the present salary allowed justices of the Supreme 
Court large enough to attract the best judicial talent? 

10. Do you think the Supreme Court is ever justified in reversing 
its own decisions, or should it stand by the precedents? 

11. What is the meaning of the term obiter dicta as applied to a 
judicial opinion? 

12. Do you think it is a wise practice for judges who disagree with 
the majority of the court to file dissenting opinions? 

13. A recent President took occasion to criticize publicly a federal 
judge for a decision which he rendered in a “trust” case. Do you 
think judges should be criticized for their decisions? 

14. Are juries ever made use of in federal courts? If so, when? 

15. Why have federal judges been criticized for issuing injunctions? 

16. When may an appeal be taken from a state court to a federal 
court? 

17. The Supreme Court has always refused to decide “political” 
controversies. What is a “political” as opposed to a “legal” con¬ 
troversy? Give examples. 


CHAPTER XIX 


GOVERNMENT OF THE TERRITORIES AND DEPENDENCIES 

Power of Congress over the Territories.—The Consti¬ 
tution expressly confers upon Congress the power to dispose 
of and make all needful rules and regulations respecting the 
territory or other property belonging to the United States. 
In dealing with the territories the powers of Congress are 
general or residuary in character, whereas when it legislates 
for that part of the country which has been erected into 
states, its powers are specifically enumerated. Congress, 
therefore, may establish practically any form of government 
in the territories that it chooses. It may, if it wishes, set up 
therein a military government or it may establish, civil 
government with such limitations and exceptions as it may 
wish. In the latter case it may allow the inhabitants a 
legislative assembly for purposes of local legislation, or Con¬ 
gress may legislate directly for them itself. And in case it 
permits the inhabitants to have a legislative assembly of 
their own and to enact their own laws. Congress may veto 
or modify any law passed by such legislature. Indeed, says 
the Supreme Court, Congress may make valid an invalid 
act passed by a territorial legislature as well as declare in¬ 
valid a valid act passed by it. 

Does the Constitution Extend to the Territories ?—A subject 
much discussed, especially at the time of the acquisition of 
Porto Rico and the Philippines, was whether such provisions 
Govt. U. S.—24 369 


370 GOVERNMENT OF THE TERRITORIES, ETC. 

of the Constitution as were applicable extended of their 
own force to new territories immediately upon the estab¬ 
lishment of American sovereignty over them; that is, 
whether the Constitution ‘‘follows the flag” or whether its 
provisions apply only when extended by act of Congress. 
One party asserted that such provisions go wherever the 
sovereignty of the United States goes, that the government 
cannot be carried to any new territory unless accompanied 
by the Constitution from which it derives its authority, and 
that Congress has no power to withhold such provisions as 
are apphcable. The other party maintained that the Con¬ 
stitution was established only for the people of the United 
States; that whenever new territories have been acquired, 
Congress has extended such provisions as it saw fit; and 
that Congress is unlimited as to its power in dealing with 
the inhabitants of such territories. The Supreme Court in 
the famous Insular Cases, decided in 1900 and 1901, upheld 
the latter view and ruled that for all practical purposes the 
territories of the United States are completely subject to 
the legislative authority of Congress, and that it is not even 
restricted by those provisions of the Constitution which 
were adopted for the protection of individual liberty. In 
practice Congress has always extended to the domestic 
territories such provisions of the Constitution as were ap¬ 
phcable, thus putting the inhabitants upon the same foot¬ 
ing as those of the states so far as the enjoyment of civil 
rights are concerned, but not as to political rights. So far 
as the insular territories are concerned, it ha,? also extended 
most of the provisions relating to civil rights, though in the 
case of the Philippines a few safeguards such as the right 
of indictment by grand jury, trial by jury, and the right to 
bear arms have been withheld. 

The Origin of the Territorial System.—Before the Con- 


THE ORIGIN OF THE TERRITORIAL SYSTEM 371 

stitution was adopted, Congress had acquired by cession 
from certain of the original states a vast domain of territory 
north of the Ohio River, and later it acquired a considerable 
domain lying south of the Ohio (p. 159). One of the condi¬ 
tions upon which the territory north of the Ohio was ceded, 
was that Congress should form the territory into distinct 
republican states which should be admitted to the Union on 
an equal footing with the old states. It was felt, however, 
that the territory in question should be put through a sort 
of preparatory stage before being erected into states; that 
is, it should be held in a state of dependency until the popu¬ 
lation was sufficiently numerous to maintain a state gov¬ 
ernment and the inhabitants had acquired sufficient politi¬ 
cal capacity to manage their own public affairs. 

The Northwest Territory .—By the famous Ordinance of 
1787, as reenacted and slightly modified two years later 
(after the adoption of the Federal Constitution), Congress 
provided a scheme of government for the northwest ter¬ 
ritory which was in force for many years. The Ordinance 
provided for two grades of government: one for the ter¬ 
ritory before its population should amount to 5,000 
inhabitants; the other for the territory thereafter. The 
principal difference was that in the former case the terri¬ 
tory was to have no local legislature of its own, while in 
the latter it was to have a legislative assembly. The 
scheme of government provided in the beginning consisted 
of a governor, a secretary, and three judges, appointed by 
the President. Although no legislature was provided, 
the governor, secretary, and judges were empowered, not 
to make new laws, but to select such laws from the 
statutes of the old states as were suitable. 

When the population had reached 5,000 inhabitants, the 
territory was given the second grade form of government, 


GOVERNMENT OF THE TERRITORIES, ETC. 


372 

that is, it was allowed a local legislature, the lower house of 
which was elected by the inhabitants on the basis of a re¬ 
stricted suffrage, the upper house or council to be appointed 
by the President from a list nominated by the lower house. 
The territory was now allowed to send a delegate to Con¬ 
gress with a right to a seat in that body, but no right to 
vote. 

The scheme of government thus provided for the north¬ 
west territory became the model for the later territorial 
governments. It was introduced into the southwest terri¬ 
tory and later to the territory acquired west of the Missis¬ 
sippi River. 

The Organized Territories: Hawaii and Alaska. — 

The territories and dependencies of the United States 
may be grouped into two classes: the organized and the 
unorganized. A territory of the first class is said to be 
“ organized ” because it has its own local legislature, both 
houses of which are elected. At present the only terri¬ 
tories of this class fully included as parts of the United States 
are Hawaii ^ and Alaska, but since most of the states were 
organized territories before being admitted to the Union, 

‘ The Hawaiian Islands were annexed to the United States in July, 
1898, by a joint resolution of Congress after a treaty of annexation 
had been rejected by the senate. The senate of Hawaii is composed of 
fifteen members, the house of thirty; ability to speak, read, and write 
the English or Hawaiian language is required of voters; the governor 
may veto special items in appropriation bills; and in case the legis¬ 
lature fails to pass appropriation bills to pay the necessary expenses 
for carrying on the government and meeting its obligations, the 
treasurer may, with the approval of the governor, make such pay¬ 
ments, for which purpose the sums appropriated in the last appropria¬ 
tion bills shall be deemed to have been reappropriated; the purpose 
being to prevent the legislature from causing deadlocks by refusing to 
pass the necessary appropriation bills. 


GOVERNMENT OF FULLY ORGANIZED TERRITORIES 373 

this kind of government is of more than ordinary interest 
to the student of civics. 

Executive .—In a fully organized territory there is a 
governor who is appointed by the President with the con¬ 
sent of the senate for a term of four years, and who enjoys 
the usuaj powers of a state executive. The appointment 
is usually made from the residents of the territory, though 
in a few cases outsiders have been appointed. There is 
also a secretary who keeps the records of the territory, com¬ 
piles and publishes the acts of the legislature, and serves 
as governor during the absence or disability of the latter 
official. Other administrative officers of the territory are 
the attorney-general, treasurer, commissioner of public 
lands, superintendent of public education, surveyor, and 
auditor. 

The Legislature is composed of two houses, both of which 
are popularly elected. Regular sessions of the legislature 
are held every two years and are limited to sixty days, 
though the governor may call extraordinary sessions with 
the approval of the President of the United States. 

The territorial legislature is empowered to enact laws in 
respect to all rightful subjects of legislation not inconsistent 
with the laws and Constitution of the United States. Con¬ 
gress, however, has from time to time imposed various limi¬ 
tations upon the power of the territorial legislatures, and 
lias shown a tendency to increase the restrictions, especially 
/h regard to financial matters. Congress may veto any 
act of a territorial legislature. 

Judiciary .—For the administration of justice, a fully 
organized territory has a supreme court, a number of dis¬ 
trict courts, and such inferior courts as the legislature may 
create. The judges of the higher court are all appointed 
by the President of the United States for a term of four 


GOVERNMENT OF THE TERRITORIES, ETC. 


374 

years. The territory also has a United States district court, 
a district attorney, and a marshal. 

Finally, a fully organized territory is given a limited 
representation in the Congress of the United States through 
a delegate, elected by the people of the territory every two 
years, who is allowed a seat in the house of representatives 
with a right to serve on committees and take part in de¬ 
bate, but not to vote., 

Alaska, acquired by purchase from Russia in 1867, was for 
seventeen years after its acquisition administered directly by 
the President without any express authority from Congress. 
In 1884, however, an act was passed providing a system of 
civil government for the territory, to be administered by a 
governor appointed by the President for a term of four years. 
The general laws of the state of Oregon, so far as applicable, 
were extended to the territory. In 1898 a criminal code 
was provided for the territory, and in 1900 a complete civil 
code and a code of civil procedure were enacted. Finally, in 
1912 Alaska was made a fully organized territory, with a 
legislative assembly consisting of a senate of eight members 
and a house of representatives of sixteen members. Acts 
can be passed over the governor’s veto by vote of two-thirds 
of the members of each house of the legislative assembly. 

The Organized Dependencies. — Porto Rico and the 
Philippines, acquired from Spain in 1898 but not annexed 
as parts of the United States, are dependencies rather 
than territories, — although Porto Rico is governed much 
like a territory. For many years they were classed as 
“ partly organized ” because in their legislatures only 
one house was elective. They now have legislatures in 
which both houses are elective; but unlike the territories 
they are inhabited by a foreign race, and had been at 
the time of their cession to the United States for cen- 


PORTO RICO 


375 


turies governed by an entirely different system of laws and 
administration from that to which the people of the United 
States were accustomed. 

Porto Rico.—By an act of Congress in 1917, the supreme 
executive power of the island is vested in a governor ap¬ 
pointed by the President, for an indefinite term. He has 
the usual powers of a territorial governor. There are six 
executive departments, namely, justice, finance, interior, 
education, agriculture, and health. The attorney-general 
and the commissioner of education are appointed by the 
President for a term of four years; the heads of the other 
four departments are appointed by the governor for the 
same term. The department heads collectively form an 
executive council charged with the performance of such 
duties as the governor may prescribe. 

The Legislature .—Formerly the legislature was composed 
of an upper house, known as the council, the members of 
which were appointed by the President, and a house of 
delegates, popularly elected. The act of 1917, however, 
provided for a legislature, both houses of which are elected 
by the voters. The upper house is called the senate and is 
composed of nineteen members, elected for a term of four 
years. The lower chamber, called the House of Repre¬ 
sentatives, consists of thirty-nine members, elected for a 
term of four years. The legislature is required to meet 
biennially and the governor may call extraordinary sessions. 
Laws vetoed by the governor and passed over his veto by the 
legislature must be transmitted to the President for his ap¬ 
proval or disapproval. All acts of the legislature are re¬ 
quired to be laid before Congress which may annul the same. 
To prevent deadlocks in the administration of the govern¬ 
ment, as several times happened in former years, the law 
provides that whenever the appropriation bills for the sup- 


376 GOVERNMENT OF THE TERRITORIES, ETC. 

port of the government fail of passage the amount appro¬ 
priated for the past year shall be considered to have been 
appropriated for the ensuing fiscal year. 

Suffrage and Citizenship .—Practically all males over 
twenty-one years of age who can read and write are qualified 
voters. Formerly a source of complaint among the in¬ 
habitants was that they were denied the status of United 
States citizenship. They were designated as citizens of 
Porto Rico and were entitled to be protected by the United 
States and were eligible to receive passports for travel 
abroad, but they were not citizens of the United States. The 
law of 1917, however, removed this grievance by providing 
that all citizens of Porto Rico should be deemed to be citi¬ 
zens of the United States. The act also contains an elab¬ 
orate bill of rights similar to those in the state constitutions. 

Judiciary .—The elaborate system of Spanish courts and 
the Spanish legal system generally have been done away 
with, and in their place a system of law and procedure and 
a judicial system modeled upon those of the American 
states have been substituted. There is a supreme court 
consisting of five judges appointed for life by the Presi¬ 
dent, and of these, three are Porto Ricans and two Ameri¬ 
cans. Below this court are a number of district courts 
each of which is presided over by one judge appointed by 
the governor with the consent of the council for a term of 
four years. There are also twenty-four municipal courts, 
and in the several towns there are courts held by the justices 
of the peace. The act of 1917 provided for the establish¬ 
ment of a District Court of the United States for the island. 

Resident Commissioner at Washington .—The interests of 
the island are looked after at Washington by a resident 
commissioner who is elected by the qualified voters for a 
term of four years. Unlike the delegate from an organized 


THE PHILIPPINES 


377 

territory he has no right to a seat in the house of represent¬ 
atives, but the house has granted him the courtesy of this 
privilege. He is, however, entitled to official recognition 
by all the executive departments whenever he wishes to dis¬ 
cuss with them matters of business affecting Porto Rico. 

The island has its own internal revenue system for raising 
taxes, and the receipts from all customs duties on goods im¬ 
ported into the island are turned into the insular treasury. 
Unlike the Philippines, however, the island does not have 
its ov/n monetary system, but uses that of the United States. 

The Philippines.—The problem of governing the Philip¬ 
pines has proved much more difficult than that of govern¬ 
ing Porto Rico. Instead of a single island inhabited by a 
fairly homogeneous population, the Philippine archipelago 
consists of several hundred islands inhabited by various 
races and peoples representing almost every stage of de¬ 
velopment from savagery to fairly complete civilization. 
It has been a difficult problem to develop a system of gov¬ 
ernment adapted to the needs and capacities of so many 
different elements. In addition to the difficulties presented 
by these conditions, the Filipinos in various parts of the 
archipelago have resisted American rule, and no small 
amount of effort and expenditure of money has been directed 
toward the suppression of outbreaks and the maintenance 
of order. 

Organic Act of igo2 .—In 1902 Congress passed an organic 
act for the government of the islands, and shortly thereafter 
William H. Taft was inaugurated civil governor. This act 
continued for the most part the form of government that 
had been created by the Philippine Commission. The or¬ 
ganic act provided, however, that as soon as the insurrec¬ 
tion then existing was suppressed, a census of the inhabit¬ 
ants should be taken and if the islands were in a state of 


378 GOVERNMENT OF THE TERRITORIES, ETC. 

peace, steps should be taken toward the establishment of a 
legislative assembly, the lower house of which should be 
popularly elected. This provision was duly carried out, 
and in 1907 the assembly was chosen. The upper house 
was a commission of nine members, including the governor, 
appointed by the President; and members of the commis¬ 
sion also served as heads of executive departments. 

In 1916 the government was altered by abolishing the 
commission and creating a legislature in which both houses 
are elective. The governor general, at the head of the 
executive department, is appointed by the President, as are 
also the vice governor and the auditor. Acts of the Philip¬ 
pine legislature may be vetoed by the governor general (or 
finally by the President if passed over the governor general’s 
veto), or may be annulled by Congress. The act of 1916 
declared it to be the purpose of the United States to grant 
the Philippines independence as soon as a stable government 
can be established therein. 

Resident Commissioners .—The legislature is allowed to 
choose two resident commissioners to represent the islands 
at Washington. Like territorial delegates, they have seats, 
but no vote, in the house of representatives. 

The Judicial System of the islands consists of a supreme 
court of seven judges who are appointed by the President, 
a court of first instance in each province, the judges of 
which are appointed by the governor general, and various 
municipal courts. Unlike Porto Rico and Hawaii, no 
United States district court has been established in the 
islands. Appeals lie from the supreme court of the islands 
directly to the United States Supreme Court in all cases 
in which the Constitution or any statute or treaty is in¬ 
volved or in which the amount in controversy exceeds 
$25,000. 


UNORGANIZED TERRITORIES AND DEPENDENCIES 379 

Local Government .—Each province is governed in local 
matters by a board consisting of a governor and other 
officers elected by the voters. The organized municipalities 
are governed by elective councils. Special provision has 
been made for the government of districts inhabited by 
certain non-Christian peoples by the creation of a Bureau of 
Non-Christian Tribes. 

The Unorganized Territories and Dependencies.—The 
third group of territories or dependencies embrace those 
which have no legislative assembly whatever. These in¬ 
clude Samoan Islands, Virgin Islands, Guam, the Panama 
Canal Zone, and the District of Columbia. 

The American Samoan Islands, the chief of which is 
Tutuila with its valuable harbor of Pagopago, are governed 
by a naval officer—the commandant of the naval station 
at Tutuila. He makes the laws and regulations, and sees 
that they are enforced, but so far as possible the inhabi¬ 
tants are allowed to govern themselves. 

By treaty of 1916, three of the Virgin Islands were pur¬ 
chased from Denmark for $25,000,000. They were placed 
under the jurisdiction of a governor appointed by the 
President, but the local laws were kept in force. 

Guam was seized by the United States during the war 
with Spain, and was retained by the treaty of peace. It is 
governed by the commandant of the naval station.^ 

The Panama Canal Zone is a strip of land ten miles wide 
extending from the Atlantic to the Pacific Ocean across 
the Isthmus of Panama, and was acquired by treaty from 
the Republic of Panama in 1904, upon the payment of 
$10,000,000. Soon after the conclusion of the treaty, Con- 

1 Other insular possessions of the United States are Wake Island, 
Midway or Brooks Island, Howland and Baker Islands, all in the 
Pacific Ocean. They are practically uninhabited and no provision for 
their government has been found necessary. 


380 GOVERNMENT OF THE TERRITORIES, ETC. 

gress passed an act placing the entire government of the 
Canal Zone in the hands of the President. The powers of 
the President prior to 1914 were exercised through the 
Isthmian Canal Commission consisting of seven members, 
with authority to make and enforce all needful rules and 
regulations for the government of the Zone and to enact 
such local legislation as might be needed, subject to the 
condition that it must not be inconsistent with the Consti¬ 
tution, laws, or treaties of the United States. In January, 
1914, President Wilson, in pursuance of an act of Congress 
passed in 1912, issued an order abolishing the commission 
and organizing a system of civil government for the Canal 
Zone. Colonel George W. Goethals was appointed the first 
civil governor. 

The District of Columbia is a territory with an area of 
seventy square miles, and was ceded to the United States in 
1790 for the site of the national capital. The district was 
administered from 1801 to 1871 under the forms of munic¬ 
ipal government, that is, by a mayor and council, but in 
the latter year Congress vested the government in a gover¬ 
nor, a secretary, a board of public works, a board of health, 
and a legislative assembly. At the same time the district 
was allowed to send a delegate to Congress. Largely on 
account of the extravagance of this government in under¬ 
taking expensive public improvements. Congress in 1874 
abolished the whole scheme and estabhshed the present 
system, which vests practically all governmental powersJn 
the hands of a commission of three persons appointed by 
the President. Two of these must be appointed from civil 
life and the other must be an officer belonging to the en¬ 
gineering corps of the army. This commission has the 
general direction of administrative affairs and the appoint¬ 
ment of employees, and exercises wide powers of a quasi 


UNORGANIZED TERRITORIES AND DEPENDENCIES 381 

legislative character, such as the issuing of health and 
police regulations. The legislature of the district, however, 
is the Congress of the United States. In each house there 
is a committee on the District of Columbia to which all 
bills relating to the district are referred, and on one day of 
each week an hour is set apart in the house of representa¬ 
tives for the consideration of such bills. No provision is 
made for the representation of the district in Congress, and 
the inhabitants take no part in presidential elections.^ One 
half the expense of conducting the government of the dis¬ 
trict is defrayed out of the national treasury, and the other 
half is raised from taxation on private property in the dis¬ 
trict. 

The judicial establishment of the district consists of a 
court of appeals of three judges, a supreme court of six 
judges, and the usual police courts and courts of justices 
of the peace. (See page 364.) 

American Protection over Spanish American States.— 
In addition to the ownership of the various insular dependen¬ 
cies mentioned above, the United States, in pursuance of a 
long established policy known as the ‘‘ Monroe Doctrine,” 
exercises a certain degree of protection over Latin Ameri¬ 
can states. As this policy is now interpreted it forbids 
the further acquisition by European powers of territorial 
possessions in the western hemisphere, or the extension by 
such powers of political influence on this continent. By 
virtue of special treaty arrangements the United States 
exercises a virtual protectorate over certain of the smaller 
Latin American republics. Thus under the “ Platt 

^ This is also true of the other territories and dependencies. The 
organized territories, however, have been allowed to send delegates 
to the national conventions for the nomination of the President and 
Vice President. 


382 GOVERNMENT OF THE TERRITORIES, ETC. 

Amendment,” to the constitution of Cuba (also embodied 
in a treaty between the United States and Cuba) the United 
States has the right to intervene in Cuba for the main¬ 
tenance of a stable government and for the protection of 
public order and security; and this power was exercised in 
1906. Naturally it exercises the power of protection over 
the republic of Panama through whos e territory the Panama 
Canal runs, and recently (1915) it has established a sort of 
financial protectorate over Haiti and the Dominican 
Republic. In pursuance of treaty arrangements it collects 
the customs revenues in those republics, applies them to 
the payment of their foreign debts, and has the right to 
intervene for the maintenance of order. 

References. — Beard, American Government and Politics, ch. xxi. 
Bryce, The American Commonwealth (abridged edition), ch. xlvi. 
Hart, Actual Government, ch. xx. Willoughby, Territories and 
Dependencies of the United States, chs. iii, iv, vi. 

Research Questions 

1. From what clause or clauses in the Constitution is the power to 
acquire foreign territory derived? 

2. By what different methods has foreign territory been added to 
the United States? 

3. Are there any limitations on the powers of Congress in legislat¬ 
ing for the territories ? 


CHAPTER XX 


CITIZENSHIP 

Who are Citizens.—The population of every country is 
composed of two classes of persons: citizens and aliens. The 
larger portion of the inhabitants are citizens, but the alien 
class is considerable in some states of the Union, much 
more so than formerly, owing to the large influx of immi¬ 
grants from Europe in recent years.^ A citizen is one 
who has been admitted to full membership in the state, 
though he may not have been given full political privileges, 
such as the privileges of voting and holding public office. 
There is a large class of citizens in every state who can 
neither vote nor hold public office, such, for example, as 
women, minors, sometimes illiterate persons, those who have 
not paid their taxes, those who have been convicted of seri¬ 
ous crimes, and others. On the other hand, aliens in some 
states are allowed to vote and hold office, especially if 
they have formally declared their intention of becoming 
citizens. The terms “ citizen ” and ‘‘voter,” therefore, are 
not identical, since there are some citizens who cannot vote 
and some voters who are not citizens. (See page 125.) 

How Citizenship is Acquired.—Under the Fourteenth 
Amendment to the federal Constitution, all persons born 

1 The census of New York of 1905 showed that of a total popula¬ 
tion of 8,000,000 inhabitants there were more than 1,000,000 aliens. 

.383 


384 CITIZENSfflP 

in the United States ^ are citizens of the United States, and 
also of the states in which they reside. Persons who come 
here from abroad may become citizens only by being 
naturalized. 

Naturalization Law .—To acquire citizenship in this way, 
they must reside here for a period of five years, they must 
also be persons of good moral character, attached to the 
principles of the Constitution and well disposed to the good 
order and happiness of the same. Under the law of 1906 
they must also be able to write their own language and be 
able to read and speak English. Two steps are necessary 
in the procedure of naturalization: first the applicant must 
go before a federal court or a court of record in some state 
and make oath that he is at least eighteen years of age, and 
that it is his intention to become a citizen of the United 
States. At the same time he must renounce all allegiance 
to the foreign state of which he is a citizen or subject and 
must furnish the court with a variety of information con¬ 
cerning his past life, including the date of his arrival in the 
United States and the name of the ship on which he arrived. 
He is then furnished with a certificate which is popularly 
known as his ‘‘first papers.” When he has resided in the 
United States at least five years and possesses all the nec¬ 
essary qualifications the court will issue him a certificate 
of naturalization which makes him a citizen. Fees amount* 
ing to five dollars are now charged for filing the petition 

^ For some purposes, the residences of foreign diplomatic represent¬ 
atives are considered as if belonging to the foreign country repre¬ 
sented. Thus a child of the French ambassador, if born in the am¬ 
bassador’s residence at Washington, is born a citizen of France; 
likewise a child of the United States ambassador at Paris, if born 
at his residence in France, is nevertheless a natural-born citizen of 
the United States. 


HOW CITIZENSHIP IS ACQUIRED 385 

and issuing the final certificate. In order to prevent the 
wholesale naturahzation of aliens in the large cities for elec¬ 
tion purposes, the law provides that no certificate of natu¬ 
ralization shall be granted within thirty days prior to any 
general election. Any honorably discharged alien from the 
United States army may be admitted to citizenship after 
a residence of one year, and the prefiminary declaration of 
intention is not required of aliens who have served five years 
in the navy. 

Disqualifications .—In addition to the qualifications men¬ 
tioned above, there are certain disqualifications which serve 
to debar many foreigners from acquiring American citizen¬ 
ship. Thus only white persons and persons of African 
nativity are capable of being naturalized under our laws, so 
that those belonging to the Mongolian or other races, such 
as Chinese, Japanese, Burmese, and East Indians, cannot 
become citizens of the United States unless born here. 
Other persons excluded for different reasons are polyga¬ 
mists, anarchists, and certain other classes of criminals who 
are not considered worthy to enjoy the high privileges of 
citizenship. 

The naturalization of a husband makes the wife and 
minor children citizens, so that they do not have to go 
through the process of taking out their “papers.” 

Other Methods of Acquiring Citizenship .—Citizenship may 
be acquired sometimes in other ways than the method de¬ 
scribed above. Thus a foreign woman becomes a citizen by 
marriage to an American citizen, and the inhabitants of 
foreign territory annexed to the United States become citi¬ 
zens by virtue of their incorporation into the body politic. 
In this way the inhabitants of the Louisiana territory, ac¬ 
quired from France, became citizens. In the same way 
those of Florida, Texas, California, Alaska, and Hawaii bc- 
Govt. U. S.— 


CITIZENSHIP 


386 

came citizens, but not those of Porto Rico and the PhiUp- 
pines. Residents of Porto Rico, however, were made citi¬ 
zens of the United States by act of Congress in 1917. 

How Citizenship may be Lost.—^As citizenship may be 
acquired in various ways so it may be lost by different acts. 
An American woman loses her citizenship by marriage 
to an alien. Acceptance of a commission in the service 
of a foreign country, if it involves the taking of an oath of 
allegiance to a foreign government, operates to divest one of 
his American citizenship. The most common mode by 
which citizenship is lost, however, is through voluntary 
removal from the country and naturalization in a foreign 
state. The right of the citizen to withdraw from the United 
States, renounce his allegiance, and acquire the citizenship 
of a foreign state, is declared by our law to be an inalien¬ 
able right. Mere removal from the United States and the 
establishment of a residence in a foreign country, however, 
does not of itself operate to divest one of his citizenship. 
An American citizen may reside abroad many years for the 
purposes of business, education, or pleasure, and so long as 
he preserves an intention of returning to the United States 
he is not held to have abandoned his American nationality. 

In order to prevent foreigners from coming to the United 
States, acquiring our citizenship, and returning to their na¬ 
tive country for the purpose of living there without being 
subject to the burdens and obligations of military service, 
the law declares that a naturalized American who returns 
to his native country and resides there for a period of two 
years will be presumed to have abandoned his American 
citizenship, and unless he can show an intention of returning 
to America he will be considered as no longer being a 
citizen. 

Federal versus State Citizenship.—In a country hav- 


FEDERAL VERSUS STATE CITIZENSHIP 387 

ing the federal form of government, the inhabitants have a 
dual citizenship, that is, they are citizens of the country as 
a whole and of the particular state in which they are resi¬ 
dents. Thus our federal Constitution declares that all per¬ 
sons born or naturalized in the United States and subject 
to the jurisdiction thereof are citizens of the United States 
and of the state in which they reside. A person, however, 
may be a citizen of the United States without at the same 
time being a citizen of any state, as is the case with those 
inhabiting the territories, the District of Columbia, and 
other places not forming a part of any state. On the con¬ 
trary, it seems to be generally admitted that one may be a 
citizen of a state without necessarily being a citizen of the 
United States. Thus a state may give an alien full political 
and civil rights and declare him to be a citizen of the state 
before he has become a citizen of the United States. Some 
states have in effect done this. It follows, therefore, that 
federal and state citizenship are not necessarily identical 
and coexistent, since there may be a class of state citizens 
upon whom the United States has not conferred its own 
citizenship, and a class of United States citizens who are not 
citizens of any state. The citizenship of a particular state 
may be relinquished for that of another by removal from 
the former state and the establishment of a residence in the 
latter. No legal formality whatever is required to put off 
the one and take on the other. 

Interstate Rights of Citizens .—There is a provision in the 
Constitution of the United States which declares that the 
citizens of each state shall enjoy all the privileges and im¬ 
munities of the citizens of the several states. The purpose 
of this provision is to prevent one state from discriminating 
against the citizens of other states in favor of its own citi¬ 
zens. Whatever rights and privileges it accords to its own 


CITIZENSHIP 


388 

citizens must be accorded equally to citizens of other states 
who may be within its borders or who may wish to carry on 
business therein. The states are also forbidden by the fed¬ 
eral Constitution to abridge the privileges and immunities of 
citizens of the United States, though the Constitution does 
not specify or indicate what these privileges and immunities 
are. They include, however, such privileges as the making 
and enforcing of contracts, of suing in the courts, of inherit¬ 
ing, holding, and conveying property, of receiving equal 
protection of the laws, and, in general, of enjoying every 
right or privilege to which the citizen is entitled under the 
Constitution and laws of the United States. 

Rights and Duties of Aliens.—Aliens, though in a polit¬ 
ical sense members of foreign states, are, nevertheless, fully 
subject to the jurisdiction of the state in which they are 
domiciled, and owe it a temporary allegiance. They are 
bound to obey the laws equally with citizens, and may be 
punished for violations of them equally with citizens. They 
must also share, to a certain extent, the public burdens, and 
may be required to serve in the militia or police (though 
not in the regular army) if the common defense and domes¬ 
tic safety require their services. 

Right of Protection .—It is now universally admitted that 
they are entitled to the protection of the government under 
which they are living so long as they are within its jurisdic¬ 
tion, but not when they go abroad. So far as the enjoy¬ 
ment of civil rights is concerned, the tendency is to treat 
them on a footing of equality with citizens. Both the fed¬ 
eral and the state courts are open to them on the same terms 
as to citizens, and if they suffer injuries in the course of riots 
and other disturbances, because of their foreign nationality, 
especially if the pubHc authorities fail to use due diligence 
to prevent or punish attacks upon them, the United States 


RIGHTS AND DUTIES OF ALIENS 389 

government will indemnify them or their heirs for the in¬ 
juries sustained.^ 

Disabilities of Aliens .—Formerly aliens were subject to 
disabilities much more commonly than now. Under the 
common law, for example, they could not inherit land, but 
this disability has been abolished in most of the states, 
though some still make a distinction between resident and 
nonresident aliens in this respect, allowing the former class 
to take land by inheritance as well as by purchase but ex¬ 
cluding the latter class. Some states do not allow them to 
be employed on the public works, and a few subject them 
to other disabilities, but they are not important or numer¬ 
ous.^ With regard to political privileges, however, the dis¬ 
abilities of aliens are still generally maintained. 

Rights and Obligations of Citizens.—The chief priv¬ 
ilege of citizenship is that of protection by the government 
in all personal and property rights. If the citizen goes 
abroad for the purpose of business or pleasure, the govern¬ 
ment will protect him from wrongful treatment so long as 
he obeys the law of the country to which he is, for the time 
being, subject, and demeans himself peaceably. If he is 
injured or discriminated against because of his foreign na¬ 
tionality, the government which fails to protect him will 
be required to make a suitable indemnity for the injury. 

Equality of Native and Naturalized Citizens .—When it 

1 The United States government has uniformly refused to admit 
its liability in such cases, but it has in practice generally allowed an 
indemnity. This was done, for example, in the case of the Anti- 
Spanish riots in New Orleans and Key West in 1851; in the case of the 
Anti-Chinese riots at Rock Springs, Wyoming, in 1885; and in the 
case of the Italian l3mchings at New Orleans in 1891. 

2 In 1915 the Federal Courts held unconstitutional a law of Arizona 
which forbade the employment of more th,an 20 per cent of aliens in 
any work. 


390 


CITIZENSHIP 


comes to protecting its citizens abroad, the United States 
government makes no distinction between naturalized and 
native-born citizens. In the case of a Russian, for exam¬ 
ple, who comes to America and is naturalized and goes back 
to Russia for business or pleasure, our government will 
insist that he be treated by the Russian authorities as if he 
were a native-born American citizen. At home a natural¬ 
ized citizen enjoys the same privileges as a native-born ex¬ 
cept that he is not eligible to the ofi^e of President or Vice 
President of the United States. 

, Duties and Obligations of Citizens .—Rights and privileges 
seldom exist without corresponding duties and obligations, 
and so citizenship has its duties. One of these is to contrib¬ 
ute to the bearing of the burdens of the state. This in¬ 
cludes the payment of taxes, service in the militia or army 
for purposes of defense, and the discharge of such public 
trusts as may be imposed. It is, of course, the duty of the 
citizen, as it is of every one who lives in the state, to obey 
the laws and do what he can to secure their enforcement. 
Finally, if the citizen possesses political privileges, it is his 
duty to take an active part in securing the election of com¬ 
petent and honest officials to the end that the government 
which protects him may be efficient and well administered. 

Obligations and Duties of Nations: International Law.— 
Nations, like indbdduals, are bound by rules of conduct 
in their relations with one another. The rules governing 
nations constitute what is known as international law, a 
subject of which we have heard much since the outbreak 
of the great world war in 1914. The rules of international 
law, unlike those of national or municipal law, are not en¬ 
acted by a legislative body, for as yet, unfortunately, there 
is no world legislature. They consist partly of customary 
rules and usages, and partly of international treaties. The 


DUTIES OF NATIONS 


391 

most important of these treaties are the so-called conven¬ 
tions, sixteen in number, recommended by the Peace Con¬ 
ferences at the Hague in 1899 adopted, for 

the most part, by nearly all the civilized nations of the 
world. These conventions contain a large number of im¬ 
portant rules prescribing the conduct to be observed by 
nations both in time of war and in time of peace. 

Unfortunately, however, international law has one great 
weakness which national law does not have. National law 
has what the lawyers call a sanction; that is to say, a 
penalty is prescribed for its violation, and courts are estab¬ 
lished for punishing those who violate its rules. But in 
the case of international law there is as yet no machinery 
for bringing to the bar of justice and inflicting punishment 
upon a nation which violates its international duties and 
obligations. The only punishment, therefore, which fol¬ 
lows such an act is the reprobation of public opinion, which 
unhappily, as the present war has demonstrated, is not a 
sufiicient deterrent in the case of nations which regard 
lightly their obligations of honor and good faith. Think¬ 
ing men the world over are now considering the means by 
which international law may be made more effective, how 
nations may be compelled by force or otherwise to observe 
their international obligations and respect the rights of 
other nations, and how war, the world’s greatest curse, 
may be prevented in the future. 

References. — Ashley, The American Federal State, ch. xxix; also 
pp. 212-217. Beard, American Government and Politics, pp. 160- 
163. Fuller, Government by the People, ch. ii. Garner, Intro¬ 
duction to Political Science, ch. xi. Hart, Actual Government, chs. 
ii-fv. Hinsdale, The American Government, ch. liv. 

Docufhentary and Illustrative Material. —i. Copy of the federal 
citizenship law of 1907. 2. Copy of the naturalization act of 1906. 

3. Copies of naturalization blanks and of naturalization regulations 


crnzEx\sHip 


392 

(these may be secured from the bureau of immigration and naturali¬ 
zation). 4. Copy of an application for a passport (this may be se¬ 
cured from the department of state). 5. Copy of a passport. 

Research Questions 

1. What is a citizen? Distinguish between native-born and nat¬ 
uralized citizens; between citizens and electors. 

2. Is the citizenship of a child determined by the law of the place 
where it is born or by the law of the place of which the parents are 
citizens? Distinguish between the English and American practice 
in this respect, on the one hand, and the continental European prac¬ 
tice on the other. 

3. What would be the citizenship of a child born in the United 
States if the father were the ambassador of a foreign country, tem¬ 
porarily residing here ? What would be the citizenship of a child 
born of American parents on the high seas ? of a child born abroad 
of American parents? of a child born in the United States if the 
father were a foreign consul here ? 

4. A child born in the United States of French parents would be a 
citizen of the United States under our law; it would also be a citizen 
of France, according to French law. Which citizenship would prevail ? 

5. Do you think our law should admit persons of African descent 
to become citizens and yet deny the right to Japanese, Chinese, 
and natives of India ? 

6. May one be a citizen of two different countries at the same 
time ? 

7. What would be the status of an American woman who lost her 
American citizenship by marrying a foreigner, in case of the death 
of her husband ? How could she reacquire her original citizenship ? 

8. How long may an American reside abroad without losing his 
citizenship ? 

9. Many Europeans, in order to escape military service in their 
country, have emigrated to America, acquired our citizenship and 
returned to their native country. Will the United States government 
protect such persons against impressment into the military service ? 

10. Suppose a citizen of New York moves to Pennsylvania and 
establishes a residence there. Does that act without any legal for¬ 
mality make him a citizen of Pennsylvania ? 


ARTICLES OF CONFEDERATION 


Articles of Confederation and Perpetual Union between the 
States of New Hampshire, Massachusetts Bay, Rhode Island 
AND Providence Plantations, Connecticut, New York, New 
Jersey, Pennsylvania, Delaware, Maryland, Virginia, North 
Carolina, South Carolina, and Georgia 

Article I.—The style of this confederacy shall be, “The United 
States of America.” 

Art. II.—Each State retains its sovereignty, freedom, and independ¬ 
ence, and every power, jurisdiction, and right which is not by this con¬ 
federation expressly delegated to the United States in Congress assembled. 

Art. III.—The said States hereby severally enter into a firm league of 
friendship with each other, for their common defense, the security of their 
liberties, and their mutual and general welfare, binding themselves to 
assist each other against all force offered to, or attacks made upon them, 
or any of them, on account of religion, sovereignty, trade, or any other 
pretense whatever. 

Art. IV.—The better to secure and perpetuate mutual friendship and 
intercourse among the people of the different States in this Union, the 
free inhabitants of each of these States, paupers, vagabonds, and fugitives 
from justice excepted, shall be entitled to all privileges and immunities of 
free citizens in the several States ; and the people of each State shall 
have free ingress and regress to and from any other State, and shall enjoy 
therein all the privileges of trade and commerce, subject to the same 
duties, impositions, and restrictions, as the inhabitants thereof respec¬ 
tively; provided that such restrictions shall not extend so far as to prevent 
the removal of property imported into any State, to any other State of 
which the owner is an inhabitant ; provided, also, that no imposition, 
duties, or restriction, shall be laid by any State on the property of the 
United States or either of them. 

If any person guilty of, or charged with, treason, felony, or other high 
misdemeanor in any State, shall flee from justice, and be found in any of 
the United States, he shall, upon demand of the governor or executive 
power of the State from which he fled, be delivered up, and removed to 
the State having jurisdiction of his offense. 

Full faith and credit shall be given, in each of these States, to the 
records, acts, and judicial proceedings of the courts and magistrates of 
every other State. 

Art. V.—For the more convenient management of the general inter¬ 
ests of the United ^tatep, delegates shall be annually appointed in such 

393 



394 


ARTICLES OF CONFEDERATION 


manner as the legislature of each State shall direct, to meet in Congress 
on the first Monday in November, in every year, with a power reserved to 
each State to recall its delegates, or any of them, at any time within the 
year, and to send others in their stead for the remainder of the year. 

No State shall be represented in Congress by less than two, nor by 
more than seven members ; and no person shall be capable of being a del¬ 
egate for more than three years, in any term of six years ; nor shall any 
person, being a delegate, be capable of holding any office under the 
United States, for which he, or another for his benefit, receives any salary, 
fees, or emolument of any kind. 

Each State shall maintain its own delegates in any meeting of the 
States and while they act as members of the committee of the States. 

In determining questions in the United States in Congress assembled, 
each State shall have one vote. 

Freedom of speech and debate in Congress shall not be impeached or 
questioned in any court or place out of Congress ; and the members of 
Congress shall be protected in their persons from arrests and imprison¬ 
ments during the time of their going to and from, and attendance on 
Congress, except for treason, felony, or breach of the peace. 

Art. VI.—No State, without the consent of the United States, in 
Congress assembled, shall send any embassy to, or receive any embassy 
from, or enter into any conference, agreement, alliance, or treaty, with 
any king, prince, or state ; nor shall any person holding any office of 
profit or trust under the United States, or any of them, accept of any pres¬ 
ent, emolument, office, or title of any kind whatever, from any king, 
prince, or foreign state ; nor shall the United States, in Congress assem¬ 
bled, or any of them, grant any title of nobility. 

No two or more States shall enter into any treaty, confederation, or 
alliance whatever between them, without the consent of the United 
States, in Congress assembled, specifying accurately the purposes for 
which the same is to be entered into, and how long it shall continue. 

No States shall lay any imposts or duties which may interfere with 
any stipulations in treaties entered into by the United States, in Congress 
assembled, with any king, prince, or state, in pursuance of any treaties 
already proposed by Congress to the courts of France and Spain. 

No vessels of war shall be kept up in time of peace, by any State, except 
such number only as shall be deemed necessary, by the United States in 
Congress assembled, for the defense of such State or its trade; nor shall 
any body of forces be kept up, by any State, in time of peace, except such 
number only as., in the judgment of the United States, in Congress as¬ 
sembled, shall be deemed requisite to garrison the forts necessary for the 
defense of such State; but every State shall always keep up a well regu¬ 
lated and disciplined militia, sufficiently armed and accoutred, and shall 
provide and constantly have ready for use, in public stores, a due number 
of field-pieces and tents, and a proper quantity of arms, ammunition, and 
camp equipage. 

No State shall engage in any war without the consent of the United 
States, in Congress assembled, unless such State be actually invaded by 
enemies, or shall have received certain advice of a resolution being 
formed by some; nation of Indians to invade such State, and the danger 
is so imminent as not to admit of a delay till the Cnited States, in Congress 
assembled, can be consulted; nor shall any State grant commissions to 


ARTICLES OF CONFEDERATION 


395 


any ships or vessels of war, nor letters of marque or reprisal, except it be 
after a declaration of war by the United States, in Congress assembled, 
and then only against the kingdom or state, and the subjects thereof 
against which war has been so declared, and under such regulations as 
shall be established by the United States, in Congress assembled, unless 
such State be infested by pirates, in which case vessels of war-may be fit¬ 
ted out for that occasion, and kept so long as the danger shall continue, or 
until the United States, in Congress assembled, shall determine otherwise. 

Art. VII.—When land forces are raised by any State for the common 
defense, all officers of or under the rank of colonel, shall be appointed by 
the legislature of each State respectively by whom such forces shall be 
raised, or in such manner as such State shall direct, and all vacancies 
shall be filled up by the State which first made the appointment. 

Art. VIII. — All charges of war, and all other expenses that shall be 
incurred for the common defense or general welfare, and allowed by the 
United States in Congress assembled, shall be defrayed out of a common 
treasury, which shall be supplied by the several States, in proportion to 
the value of all land within each State, granted to, or surveyed for, any 
person, as such land and the buildings and improvements thereon shall be 
estimated according to such mode as the United States, in Congress assem¬ 
bled, shall, from time to time, direct and appoint. The taxes for paying 
th£^ proportion shall be laid and levied by the authority and direction of 
the legislatures of the several States, within the time agreed upon by the 
United States, in Congress assembled. 

Art. IX.—The United States, in Congress assembled, shall have the 
sole and exclusive right and power of determining on peace and war, ex¬ 
cept \n the cases mentioned in the sixth Article; of sending and receiving 
ambassadors; entering into treaties and alliances, provided that no treaty 
of commerce shall be made whereby the legislative power of the re¬ 
spective States shall be restrained from imposing such imposts and duties 
on foreigners, as their own people are subjected to, or from prohibiting the 
exportation or importation of any species of goods or commodities what¬ 
soever ; of establishing rules for deciding, in all cases, what captures on 
land or water shall be legal, and in what manner prizes taken by land or 
naval forces in the service of the United States, shall be divided or appro¬ 
priated ; of granting letters of marque and reprisal in times of peace; 
appointing courts for the trial of piracies and felonies committed on the 
high seas; and establishing courts for receiving and determining finally 
appeals in all cases of captures; provided that no member of Congress 
shall be appointed a judge of any of the said courts. 

The United States, in Congress assembled, shall also be the last resort 
on appeal, in all disputes and differences now subsisting, or that hereafter 
may arise between two or more States concerning boundary, jurisdiction, 
o-r any other cause whatever; which authority shall always be exercised 
in the manner following: Whenever the legislative or executive authority, 
or lawful agent of any State in controversy with another, shall present a 
petition to Congress, stating the matter in question, and praying for a 
hearing, notice thereof shall be given by order of Congress, to the legisla¬ 
tive or executive authority of the other State in controversy, and a day 
assigned for the appearance of the parties by their lawful agents, who 
shall then be directed to appoint, by joint consent, commissioners or 
judges to constitute a court for hearing and determining the matter in 


396 


ARTICLES OF CONFEDERATION 


question; but if they can not agree, Congress shall name three persons 
out of each of the United States, and from the list of such persons each 
party shall alternately strike out one, the petitioners beginning, until 
the number shall be reduced to thirteen; and from that number not less 
than seven nor more than nine names, as Congress shall direct, shall, in 
the presence of Congress, be drawn out by lot; and the persons whose 
names shall be so drawn, or any five of them, shall be commissioners or 
judges, to hear and finally determine the controversy, so always as a major 
part of the judges, who shall hear the cause, shall agree in the determina¬ 
tion; and if either party shall neglect to attend at the day appointed, 
without showing reasons which Congress shall judge sufficient, or being 
present, shall refuse to strike, the Congress shall proceed to nominate 
three persons out of each State, and the secretary of Congress shall strike 
in behalf of such party absent or refusing; and the judgment and sen¬ 
tence of the court, to be appointed in the manner before prescribed, shall 
be final and conclusive; and if any of the parties shall^ refuse to submit 
to the autliority of such court, or to appear or defend their claim or 
cause, the court shall nevertheless proceed to pronounce sentence or judg¬ 
ment, which shall in like manner be final and decisive; the judgment or 
sentence and other proceedings being in either case transmitted to Con¬ 
gress, and lodged among the acts of Congress for the security of the 
parties concerned; provided, that every commissioner, before he sits in 
judgment, shall take an oath, to be administered by one of the judges of 
the supreme or superior court of the State where the cause shall be tried, 
“ well and truly to hear and determine the matter in question, according 
to the best of his judgment, without favor, affection, or hope of reward.” 
Provided, also, tliat no State shall be deprived of territory for the benefit 
of the United States. 

All controversies concerning the private right of soil claimed under 
different grants of two or more States, whose jurisdictions, as they may 
respect such lands, and the States which passed such grants are adjusted, 
the said grants or either of them being at the same time claimed to have 
originated antecedent to such settlement of jurisdiction, shall, on the peti¬ 
tion of either party to the Congress of the United States, be finally deter¬ 
mined, as near as may be, in the same manner as is before prescribed for 
deciding disputes respecting territorial jurisdiction between different 
States. 

The United States, in Congress assembled, shall also have the sole and 
exclusive right and power of regulating the alloy and value of coin struck 
by their own authority, or by that of the respective States ; fixing the 
standard of weights and measures throughout the United States ; regulat¬ 
ing the trade and managing all affairs with the Indians not members of 
any of the States ; provided that the legislative right of any State, within 
its own limits^ be not infringed or violated; establishing and regulating 
post offices from one State to another throughout all the United States, 
and exacting such postage on the papers passing through the same, as 
may be requisite to defray the expenses of the said office ; appointing all 
officers of the land forces in the service of the United States, excepting 
regimental officers ; appointing all the officers of the naval forces, and 
commissioning all officers whatever in the service of the United States; 
making rules for the government and regulation of the said land and 
naval forces, and directing their operations, 


ARTICLES OF CONFEDERATION 


397 


The United States, in Congress assembled, shall have authority to ap¬ 
point a committee, to sit in the recess of Congress, to be denominated 
“A Committee of the States,” and to consist of one delegate from each 
State; and to appoint such other committees and civil officers as may be 
necessary for managing the general affairs of the United States under 
their direction ; to appoint one of their number to preside, provided that 
no person be allowed to serve in the office of president more than one 
year in any term of three years ; to ascertain the necessary sums of 
money to be raised for the service of the United States, and to appropriate 
and apply the same for defraying the public expenses ; to borrow money 
or emit bills on the credit of the United States, transmitting every half 
year to the respective States an account of the sums of money so bor¬ 
rowed or emitted ; to build and equip a navy ; to agree upon the number 
of land forces, and to make requisitions from each State for its quota, in 
proportion to the number of white inhabitants in such State, which requisi¬ 
tion shall be binding ; and thereupon the Legislature of each State shall 
appoint the regimental officers, raise the men, and clothe, arm, and equip 
them in a soldier-like manner at the expense of the United States; and 
the officers and men so clothed, armed, and equipped shall march to the 
place appointed, and within the time agreed on by the United States, in 
Congress assembled ; but if the United States, in Congress assembled, 
shall, on consideration of circumstances, judge proper that any State 
should not raise men, or should raise a smaller number than its quota, and 
that any other State should raise a greater number of men than the quota 
thereof, such extra number shall be raised, officered, clothed, armed, and 
equipped in the same manner as the quota of such State, unless the Leg¬ 
islature of such State shall judge that such extra number can not be 
safely spared out of the same, in which case they shall raise, officer, 
clothe, arm, and equip as many of such extra number as they judge can 
be safely spared, and the officers and men so clothed, armed, and equipped 
shall march to the place appointed, and within the time agreed on by the 
United States, in Congress assembled. 

The United States, in Congress assembled, shall never engage in a war, 
nor grant letters of marque and reprisal in time of peace, nor enter into 
any treatise or alliances, nor coin money, nor regulate the value thereof, 
nor ascertain the sums and expenses necessary for the defense and welfare 
of the United States, or any of them, nor emit bills, nor borrow money 
on the credit of tlie United States, nor appropriate money, nor agree upon 
the number of vessels of war to be built or purchased, or the number of 
land or sea forces to be raised, nor appoint a commander-in-chief of the 
army or navy, unless nine States assent to the same, nor shall a question 
on any other point, except for adjourning from day to day, be determined, 
unless by the votes of a majority of the United States, in Congress assem¬ 
bled. 

The Congress of the United States shall have power to adjourn to any 
time within the year, and to any place within the United States, so that 
no period of adjournment be for a longer duration than the space of six 
months, and shall publish the journal of their proceedings monthly, ex¬ 
cept such parts thereof relating to treaties, alliances, or military opera¬ 
tions as in their judgment require secrecy; and the yeas and nays of the 
delegates of each State, on any question, shall be entered on the journal 
when it is desired by any delegate; and the delegates of a State, or any of 


39« 


ARTICLES OF CONFEDERATION 


them, at his or their request, shall be fn-rnished with a transcript of the 
said journal, except such parts as are above excepted, to lay before the 
legislatures of the several States. 

Art. X.—The committee of the States, or any nine of them, shall be 
authorized to execute, in the recess of Congress, such of the powers of 
Congress as the United States, in Congress assembled, by the consent of 
nine States, shall, from time to time, think expedient to vest them with; 
provided that no power be delegated to the said committee, for the exer¬ 
cise of which, by the articles of confederation, the voice of nine States, 
in the Congress of the United States assembled, is requisite. 

Art. XI.—Canada acceding to this confederation, and joining in the 
measures of the United States, shall be admitted into, and entitled to all 
the advantages of this Union; but no other colony shall be admitted into 
the same unless such admission be agreed to by nine States. 

Art. XII.—All bills of credit emitted, moneys borrowed, and debts 
contracted by or under the authority of Congress, before the assembling 
of the United States, in pursuance of the present confederation, shall be 
deemed and considered as a charge against the United States, for pay¬ 
ment and satisfaction whereof the said United States and the public faith 
are hereby solemnly pledged. 

Art. XIII.—Every State shall abide by the determinations of the United 
States, in Congress assembled, on all questions which by this Confedera¬ 
tion are snbmitted to them. And the Articles of this Confederation shall 
be inviolably observed by every State, and the Union shall be perpetual; 
nor shall any alteration at any time hereafter be made in any of them, 
unless such alteration be agreed to in a Congress of the United States, 
and be afterward confirmed by the legislatures of every State. 

And whereas it hath pleased the great Governor of the world to incline 
the hearts of the legislatures we respectively represent in Congress, to 
approve of. and to authorize us to ratify the said Articles of Confedera¬ 
tion and perpetual Union, Know ye, that we, the undersigned delegates, 
by virtue of the power and authority to us given for that purpose, do, by 
these presents, in the name and in behalf of our respective constituents, 
fully and entirely ratify and confirm each and every of the said Articles of 
Confederation and perpetual Union, and all and singular the matters and 
things therein contained. And we do further solemnly plight and engage 
the faith of our respective constituents, that they shall abide by the deter¬ 
minations of the United States, in Congress assembled, on all questions 
which by the said Confederation are submitted to them; and that the 
Articles thereof shall be inviolably observed by the States we respectively 
represent, and that the Union shall be perpetual. In witness whereof, we 
have hereunto set our hands in Congress. Done at Philadelphia, in the 
State of Pennsylvania, the ninth day of July, in the year of our Lord 
1778,* and in the third year of the Independence of America. 

• Only ten States took action upon the Articles at this time. New Jersey, Delaware, 
^nd Maryland did not ratify them until later. 


CONSTITUTION OF THE UNITED STATES—1787* 


We the people of the United States, in order to form a more perfect 
union, establish justice, insure domestic tranquillity, provide for the com¬ 
mon defense, promote the general welfare, and secure the blessings of 
liberty to ourselves and our posterity, do ordain and establish this Con¬ 
stitution for the United States of America. 

ARTICLE-I 

Section 1. All legislative powers herein granted shall be vested in 
a Congress of the United States, which shall consist of a Senate and 
House of Representatives. 

Section 2. 1 The House of Representatives shall be composed of 

members chosen every second year by the people of the several States, 
and the electors in each State shall have the qualifications requisite for 
electors of the most numerous branch of the State legislature. 

2 No person shall be a representative who shall not have attained to 
the age of twenty-five years, and been seven years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that State in 
which he shall be chosen. 

3 Representatives and direct taxes shall be apportioned among the 
several States which may be included within this Union, according to 
their respective numbers, which shall be determined by adding to the 
whole number of free persons, including those bound to service for a term 
of years, and excluding Indians not taxed, three fifths of all other per- 
sons.2 The actual enumeration shall be made within three years after 
the first meeting of the Congress of the United States, and within every 
subsequent term of ten years, in such manner as they shall by law direct. 
The number of representatives shall not exceed one for every thirty 
thousand, but each State shall have at least one representative ; and until 
such enumeration shall be made, the State of New Hampshire shall be 
entitlea to clioose three, Massachusetts eight, Rhode Island and Provi¬ 
dence Plantations one, Connecticut five. New York six. New Jersey four, 
Pennsylvania eight, Delaware one, Maryland six, Virginia ten. North 
Carolina five. South Carolina five, and Georgia three. 

4 When vacancies happen in the representation from any State, the 
executive authority thereof shall issue writs of election to fill such 
vacancies. 

5 The House of Representatives shall choose their speaker and other 
officers, and shall have the sole power of impeachment. 

Section 3. 1 The Senate of the United States shall be composed of 

two senators from each State, chosen by the legislature thereof for six 
years ; and each senator shall have one vote.s 

1 This reprint of the Constitution exactly follows the text of that in the 
Department of State at Washington, save in the spelling of a few words. 

2 The last half of thjs sentence was superseded by the 13th and 14th Amend¬ 
ments. 

8 This paragrapn was superseded by the 17th Amendment. 

30Q 



400 


CONSTITUTION OF THE UNITED STATES 


2 Immediately after they shall be assembled in consequence of the 
first election, they shall be divided as equally as may be into three 
classes. The seats of the senators of the first class shall be vacated at 
the expiration of the second year, of the second class at the expiration of 
the fourth year, and of the third class at the expiration of the sixth year, 
so that one third may be chosen every second year; and if vacancies 
happen by resignation, or otherwise, during the recess of the legislature 
of any State, the executive thereof may make temporary appointments 
until the next meeting of the legislature, which shall then fill such 
vacancies.! 

3 No person shall be a senator who shall not have attained to the age 
of thirty years, and been nine years a citizen of the United States, and 
who shall not, when elected, be an inhabitant of that State for which he 
shall be chosen. 

4 The Vice President of the United States shall be President of the 
Senate, but shall have no vote, unless they be equally divided. 

5 The Senate shall choose their other officers, and also a president pro 
tempore^ in the absence of the Vice President, or when he shall exercise 
the office of President of the United States. 

6 The Senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or affirmation. 
When the President of the United States is tried, the chief justice shall 
preside: and no person shall be convicted without the concurrence of two 
thirds of the members present. 

7 Judgment in cases of impeachment shall not extend further than to 
removal from office, and disqualification to hold and enjoy any office of 
honor, trust or profit under the United States: but the party convicted 
shall nevertheless be liable and subject to indictment, trial, judgment and 
punishment, according to law. 

Section 4. 1 The times, places, and manner of holding elections for 
senators and representatives, shall be prescribed in each State by the 
legislature thereof; but the Congress may at any time by law make or 
alter such regulations, except as to the places of choosing senators. 

2 The Congress shall assemble at least once in every year, and such 
meeting shall be on the first Monday in December, unless they shall by 
law appoint a different day. 

Section 5. 1 Each House shall be the judge of the elections, returns and 

qualifications of its own members, and a majority of each shall constitute 
a quorum to do business ; but a smaller number may adjourn from day to 
day, and may be authorized to compel the attendance of absent members, 
in such manner, and under such penalties as each House may provide. 

2 Each House may determine the rules of its proceedings, punish its 
members for disorderly behavior, and, with the concurrence of two thirds, 
expel a member. 

3 Each House shall keep a journal of its proceedings, and from time 
to time publish the same, excepting such parts as may in their judgment 
require secrecy ; and the yeas and nays of the members of either House 
on any question shall, at the desire of one fifth of those present, be 
entered on the journal. 

4 Neither House, during the session of Congress, shall, without the 
consent of the other, adjourn for more than three days, nor to any other 
place than that in which the two Houses shall be sitting. 

! The last half of this sentence was superseded by the 17th Amendment. 


CONSTITUTION OF THE UNITED STATES 


401 


Section 6. 1 The senators and representatives shall receive a com¬ 
pensation for their services, to be ascertained by law, and paid out of the 
^easury of the United States. They shall in all cases, except treason- 
felony and breach of the peace, be privileged from arrest during their 
attendance at the session of their respective Houses, and in going to and 
returning from the same; and for any speech or debate in either House, 
they shall not be questioned in any other place. 

2 No senator or representative shall, during the time for which he 
was elected, be appointed to any civil office under the authority of the 
United States, which shall have been created, or the emoluments whereof 
shall have been increased during such time ; and no person holding any 
office under the United States shall be a member of either House during 
his continuance in office. 

Section 7. 1 All bills for raising revenue shall originate in the 
House of Representatives; but the Senate may propose or concur with 
amendments as on other bills. 

2 Every bill which shall have passed the House of Representatives and 
the Senate, shall, before it become a law, be presented to the President 
of the United States; if he approve he shall sign it, but if not he shall 
return it, with his objections to that House in which it shall have origi¬ 
nated, who shall enter the objections at large on their journal, and proceed 
to reconsider it. If after such reconsideration two thirds of that House 
shall agree to pass the bill, it shall be sent, together with the objections, 
to .the other House, by which it shall likewise be reconsidered, and if 
approved by two thirds of that House, it shall become a law. But in all 
such cases the votes of both Houses shall be determined by yeas and nays, 
and the names of the persons voting for and against the bill shall be en¬ 
tered on the journal of each House respectively. If any bill shall not be 
returned by the President within ten days (Sundays excepted) after it 
shall have been presented to him, the same shall be a law, in like manner 
as if he had signed it, unless the Congress by their adjournment prevent 
its return, in which case it shall not be a law. 

3 Every order, resolution, or vote to which the concurrence of the 
Senate and House of Representatives may be necessary (except on a ques¬ 
tion of adjournment) shall be presented to the President of the United 
States; and before the same shall take effect, shall be approved by him, 
or being disapproved by him, shall be repassed by two thirds of the Senate 
and House of Representatives, according to the rules and limitations pre¬ 
scribed in the case of a bill. 

Section 8. 1 The Congress shall have power to lay and collect 

taxes, duties, imposts and excises, to pay the debts and provide for the 
common defense and general welfare of the United States ; but all duties, 
imposts and excises shall be uniform throughout the United States; 

2 To borrow money on the credit of the United States; 

3 To regulate commerce with foreign nations, and among the several 
States, and with the Indian tribes; 

4 To establish an uniform rule of naturalization, and uniform laws on 
the subject of bankruptcies throughout the United States; 

6 To coin money, regulate the value thereof, and of foreign coin, and 
fix the standard of weights and measures; 

6 To provide for the punishment of counterfeiting the securities and 
current coin of the United States; 

% To establish post offices and post roads: 




402 CONSTITUTION OF THE UNITED STATES 


8 To promote the progress of science and useful arts by securing foi 
limited times to authors and inventors the exclusive right to their respec¬ 
tive writings and discoveries; 

9 To constitute tribunals inferior to the Supreme Court; 

10 To define and punish piracies and felonies committed on the high 
seas, and offenses against the law of nations; 

11 To declare war, grant letters of marque and reprisal, and make 
rules concerning captures on land and water ; 

12 To raise and support armies, but no appropriation of money to that 
use shall be for a longer term than two years; 

13 To provide and maintain a navy ; 

14 To make rules for the government and regulation of the land and 
naval forces; 

15 To provide for calling forth the militia to execute the laws of the 
Union, suppress insurrections and repel invasions; 

16 To provide for organizing, arming, and disciplining the militia, and 
for governing such part of them as may be employed in the service of the 
United States, reserving to the States respectively the appointment of the 
officers, and the authority of training the militia according to the disci¬ 
pline prescribed by Congress; 

17 To exercise exclusive legislation in all cases whatsoever, over such 
district (not exceeding ten miles square) as may, by cession of particular 
States and the acceptance of Congress, become the seat of the government 
of the United States,^ and to exercise like authority over all places pur¬ 
chased by the consent of the legislature of the State in which the same 
shall be, for the erection of forts, magazines, arsenals, dockyards, and 
other needful buildings ; and 

18 To make all laws which shall be necessary and proper for carrying 
into execution the foregoing powers, and all other powers vested by this 
Constitution in the government of the United States, or in any department 
or officer thereof. 

Section 9. 1 The migration or importation of such persons as any 
of the States now existing shall think proper to admit, shall not be pro¬ 
hibited by the Congress prior to the year one thousand eight hundred and 
eight, but a tax or duty may be imposed on such importation, not exceed¬ 
ing ten dollars for each person .2 

2 The privilege of the writ of habeas corpus shall not be suspended, 
unless when in cases of rebellion or invasion the public safety may re¬ 
quire it. 

3 No bill of attainder or ex post facto law shall be passed. 

4 No capitation, or other direct, tax shall be laid, unless in proportion 
to the census or enumeration hereinbefore directed to be taken. 

6 No tax or duty shall be laid on articles exported from any State. 

6 No preference shall be given by any regulation of commerce or reve¬ 
nue to the ports of one State over those of another: nor shall vessels 
bound to, or from, one State be obliged to enter, clear, or pay duties in 
another. 

7 No money shall be drawn from the treasury, but in consequence of 
appropriations made by law ; and a regular statement and account of the 

1 The District of Columbia, which comes under these regulations, had not 
then been erected. 

2 A temporary clause, no longer in force. See also Article V. 


CONSTITUTION OF THE UNITED STATES 


403 

?eceipts and expenditures of all public money shall be published from time 
to time. 

8 No title of nobility shall be granted by the United States: and no 
person holding any office of profit or trust under them, shall, without the 
consent of the Congress, accept of any present, emolument, office, or title, 
of any kind whatever, from any king, prince, or foreign State. 

Section 10 .1 1 No State shall enter into any treaty, alliance, or con¬ 
federation ; grant letters of marque and reprisal; coin money ; emit bills 
of credit; make anything but gold and silver coin a tender in payment of 
debts; pass any bill of attainder, ex post facto law, or law impairing the 
obligation of contracts, or grant any title of nobility. 

2 No State shall, without the consent of the Congress, lay any imposts 
or duties on imports or exports, except what may be absolutely necessary 
for executing its inspection laws: and the net produce of all duties and 
imposts laid by any State on imports or exports, shall be for the use of 
the treasury of the United States ; and all such laws shall be subject to 
the revision and control of the Congress. 

3 No State shall, without the consent of Congress, lay any duty of 
tonnage, keep troops, or ships of war in time of peace, enter into any 
agreement dr compact with another State, or with a foreign power, or 
engage in war, unless actually invaded, or in such imminent danger as 
will not admit of delay. 


ARTICLE II 

Section 1. 1 The executive power shall be vested in a President of 
the United States of America. He shall hold his office during the term of 
four years, and, together with the Vice President, chosen for the same 
term, be elected, as follows 

2 Each State shall appoint, in such manner as the legislature thereof 
may direct, a number of electors, equal to the whole number of senators 
and representatives to which the State may be entitled in the Congress; 
but no senator or representative, or person holding an office of trust or 
profit under the United States, shall be appointed an elector. 

~ The electors shall meet in their respective States, and vote by ballot 
for two persons, of whom one at least shall not be an inhabitant of the 
same State with themselves. And they shall make a list of all the per¬ 
sons voted for, and of the number of votes for each ; which list they shall 
sign and certify, and transmit sealed to the seat of the government of the 
United States, directed to the president of the Senate. The president of the 
Senate, shall, in the presence of the Senate and House of Representatives, 
open all the certificates, and the votes shall then be counted. The person 
having the greatest number of votes shall be the President, if such number 
be a majority of the whole number of electors appointed ; and if there be 
more than one who have such majority, and have an equal number of 
votes, then the House of Representatives shall immediately choose by 
ballot one of them for President; and if no person have a majority, then 
from the five highest on the list the said house shall in like manner choose 
the President. But in choosing the President, the votes shall be taken 
by States, the representation from each State having one vote ; a quorum 
for this purpose shall consist of a member or members from two thirds of 
the States, and a majority of all the States shall be necessary to a choice. 

1 See also the 10th, 13th, 14th, and 15th Amendments. 


404 


CONSTITUTION OF THE UNITED STATES 


In every case, after the choice of the President, the person having the 
greatest number of votes of the electors shall be the Vice President. But 
if there should remain two or more who have equal votes, the Senate 
shall choose from them by ballot the Vice President.^ 

3 The Congress may determine the time of choosing the electors, and 
the day on which they shall give their votes; which day shall be the same 
throughout the United States. 

4 No person except a natural born citizen, or a citizen of the United 
States, at the time of the adoption of this Constitution, shall be eligible to 
the office of President; neither shall any person be eligible to that office 
who shall not have attained to the age of thirty-five years, and been four¬ 
teen years a resident within the United States. 

5 In case of the removal of the President from office, or of his death, 
resignation, or inability to discharge the powers and duties of the said 
office, the same shall devolve on the Vice President, and the Congress 
may by law provide for the case of removal, death, resignation, or ina¬ 
bility, both of the President and Vice President, declaring what officer 
shall then act as President, and such officer shall act accordingly, until 
the disability be removed, or a President shall be elected. 

6 The President shall, at stated times, receive for his services a com¬ 
pensation, which shall neither be increased nor diminished during the 
period for which he shall have been elected, and he shall not receive 
within that period any other emolumeut from the United States, or any 
of them. 

7 Before he enter on the execution of his office, he shall take the fol¬ 
lowing oath or affirmation: — “I do solemnly swear (or affirm) that I 
will faithfully execute the office of President of the United States, and 
will to the best of my ability, preserve, protect and defend the Constitu¬ 
tion of the United States.” 

Section 2. 1 The President shall be commander in chief of the 
army and navy of the United States, and of the militia of the several 
States, when called into the actual service of the United States; he may 
require the opinion, in writing, of the principal officer in each of the 
executive departments, upon any subject relating to the duties of their 
respective offices, and he shall have power to grant reprieves and pardons 
for offenses against the United States, except in cases of impeachment. 

2 He shall have power, by and with the advice and consent of the 
Senate, to make treaties, provided two thirds of the senators present con¬ 
cur; and he shall nominate, and by and with the advice and consent of 
the Senate, shall appoint ambassadors, other public ministers and consuls, 
judges of the Supreme Court, and all other officers of the United States, 
whose appointments are not herein otherwise provided for, and which 
shall be established by law: but the Congress may by law vest the 
appointment of such inferior officers, as they think proper, in the Presi¬ 
dent alone, in the courts of law, or in the heads of departments. 

3 The President shall have power to fill up all vacancies that may 
happen during the recess of the Senate, by granting commissions which 
shall expire at the end of their next session. 

Section 3. He shall from time to time give to the Congress infor¬ 
mation of the state of the Union, and recommend to their consideration 
such measures as he shall judge necessary and expedient; he may, on 

1 This paragraph superseded by the 12th Amendment 


CONSTITUTION OF THE UNITED STATES 


405 


extraordinary occasions, convene both Houses, or either of them, and in 
case of disagreement between them with respect to the time of adjourn^ 
ment, he may adjourn them to such time as he shall think proper; he 
shall receive ambassadors and other public ministers ; he shall take care 
that the laws be faithfully executed, and shall commission all the officers 
of the United States. 

Section 4. The President, Vice President, and all civil officers of the 
United States, shall be removed from office on impeachment for, and con¬ 
viction of, treason, bribery, or other high crimes and misdemeanors. 

ARTICLE III 

Section 1. The judicial power of the United States shall be vested 
in one Supreme Court, and in such inferior courts as the Congress may 
from time to time ordain and establish. The judges, both of the Supreme 
and inferior courts, shall hold their offices during good behavior, and 
shall, at stated times, receive for their services, a compensation which 
shall not be diminished during their continuance in office. 

Section 2. 1 The judicial power shall extend to all cases, in law and 

equity, arising under this Constitution, the laws of the United States, 
and treaties made, or which shall be made, under their authority;—to 
all cases affecting ambassadors, other public ministers and consuls; — 
to all cases of admiralty and maritime jurisdiction ; — to controversies to 
which the United States shall be a party ; —to controversies between two 
or more States; — between a State and citizens of another State— be¬ 
tween citizens of different States, — between citizens of the same State 
claiming lands under grants of different States, and between a State, or 
the citizens thereof, and foreign States, citizens or subjects. 

2 In all cases affecting ambassadors, other public ministers and con¬ 
suls, and those in which a State shall be party, the Supreme Court shall 
have original jurisdiction. In all the other cases before mentioned, the 
Supreme Court shall have appellate jurisdiction, both as to law and fact, 
with such exceptions, and under such regulations as the Congress shall 
make. 

3 The trial of all crimes, except in cases of impeachment, shall be by 
jury ; and such trial shall be held in the State where the said crimes shall 
have been committed; but when not committed within any State, the 
trial shall be at such place or places as the Congress may by law have 
directed. 

Section 3. 1 Treason against the United States, shall consist only in 

levying war against them, or in adhering to their enemies, giving them 
aid and comfort. No person shall be convicted of treason unless on the 
testimony of two witnesses to the same overt act, or on confession in 
open court. 

2 The Congress shall have power to declare the punishment of treason, 
but no attainder of treason shall work corruption of blood, or forfeiture 
except during the life of the person attainted. 

ARTICLE IV 

Section 1. Full faith and credit shall be given in each State to the 
public acts, recoi'ds, and judicial proceedings of every other State. And 

1 See the lltb Amendment* 


4o6 constitution OF THE UNITED STATES 


the Congress may by general laws prescribe the manner in which such 
acts, records and proceedings shall be proved, and the effect thereof. 

Section 2. 1 'Mie citizens of each State shall be entitled to all privi¬ 

leges and immunities of citizens in the several States. 

2 A person charged in any State with treason, felony, or other crime, 
who shall flee from justice, and be found in another State, shall on de¬ 
mand of the executive authority of the State from which he fled, be 
delivered up to be removed to the State having jurisdiction of the crime. 

3 No person held to service or labor in one State, under the laws 
thereof, escaping into another, shall, in consequence of any law or regu¬ 
lation therein, be discharged from such service or labor, but shall be 
delivered up on claim of the party to whom such service or labor may 
be due.i 

Section 3. 1 New States may be admitted by the Congress into this 

Union ; but no new State shall be formed or erected within the jurisdic¬ 
tion of any other State ; nor any State be formed by the junction of two 
or more States, or parts of States, without the consent of the legislatures 
of the States concerned as well as of the Congress. 

2 The Congress shall have power to dispose of and make all needful 
rules and regulations respecting the territory or other property belonging 
to the United States; and nothing in this Constitution shall be so con¬ 
strued as to prejudice any claims of the United States, or of any particular 
State. 

Section 4. The United States shall guarantee to every State in this 
Union a republican form of government, and shall protect each* of them 
against invasion; and on application of the legislature,' or of the execu¬ 
tive (when the legislature cannot be convened) against domestic violence. 

ARTICLE. V 

The Congress, whenever two thirds of both Houses shall deem it 
necessary, shall propose amendments to this Constitution, or, on the 
application of the legislatures of two thirds of the several States, shall 
call a convention for proposing amendments, which, in either case, shall 
be valid to all intents and purposes, as part of this Constitution, when 
ratified by the legislatures of three fourths of the several States, or by 
conventions in three fourths thereof, as the one or the other mode of 
ratification may be proposed by the Congress ; Provided that no amend¬ 
ment which may be made prjor to the year one thousand eight hundred 
and eight shall in any manner affect the first and fourth clauses in the 
ninth section of the first article ; and that no State, without its consent, 
shall be deprived of its equal suffrage in the Senate. 

ARTICLE VI 

1 All debts contracted and engagements entered into, before the 
adoption of this Constitution, shall be as valid against the United States 
under this Constitution, as under the Confederation. 

2 This Constitution, and the laws of the United States which shall be 
made in pursuance thereof ; and all treaties made, or which shall be made, 
under the authority of the United States, shall be the supreme law of the 
land ; and the judges in every State shall be bound thereby, anything in 
the Constitution or laws of any State to the contrary notwithstanding. 

1 See the 13th Amendment. 


CONSTITUTION OF THE UNITED STATES 


407 


3 The senators and representatives before mentioned, and the mem¬ 
bers of the several State legislatures, and all executive and judicial officers, 
both of the United States, and of the several States, shall be bound by- 
oath or affirmation to support this Constitution ; but no religious test 
shall ever be required as a qualification to any office or public trust under 
the United States. 

ARTICLE VII 

The ratification of the conventions of nine States shall be sufficient for 
the establishment of this Constitution between the States so ratifying the 
same. 

Done in Convention by the unanimous consent of the States present the 
seventeenth day of September in the year of our Lord one thousand 
seven hundred and eighty-seven, and of the independence of the United 
States of America the twelfth. In witness whereof we have hereunto 
subscribed our names, * 

Go: Washington — 

Presidt. and Deputy from Virginia. 
(Signed also by thirty-eight other delegates, from twelve states.) 

Articles in addition to, and amendment of, the Constitution of the United 
States of America, proposed by Congress, and ratified by the legisla¬ 
tures of the several States pursuant to the fifth article of the original 
Constitution. 


ARTICLES I-X 1 

Article I. Congress shall make no law respecting an establishment 
of religion, or prohibiting the free exercise thereof ; or abridging the free¬ 
dom of speech, or of the press ; or the right of the people peaceably to as¬ 
semble, and to petition the government for a redress of grievances. 

Article II. A well regulated militia, being necessary to the security 
of a free State, the right of the people to keep and bear arms, shall not be 
infringed. 

Article III. No soldier shall, in time of peace be quartered in any 
house, without the consent of the owner, nor in time of war, but in a 
manner to be prescribed by law. 

Article IV. The right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable searches and seizures, 
shall not be violated, and no warrants shall issue, but upon probable 
cause, supported by oath or affirmation, and particularly describing the 
place to be searched, and the persons or things to be seized. 

Article V. No person shall be held to answer for a capital, or other¬ 
wise infamous crime, unless on a presentment or indictment of a grand 
jury, except in cases arising in the land or naval forces, or in the militia, 
when in actual service in time of war or public danger ; nor shall any 
person be subject for the same offense to be twice put in jeopardy of life 
or limb ; nor shall be compelled in any criminal case to be a witness 
against himself, nor be deprived of life, liberty, or property, without due 
process of law ; nor shall private property be taken for public use without 
just compensation. 

1 The first ten Amendments were adopted in 1791. 


¥ 


4o8 constitution of the united states 


Article VI. In all criminal prosecutions, the accused shall enjoy 
the right to a speedy and public trial, by an impartial jury of the 
State and district wlierein the crime shall have been committed, which 
district shall have been previously ascertained by law, and to be informed 
of the nature and cause of the accusation ; to be confronted with the wit¬ 
nesses against him ; to have compulsory process for obtaining witnesses 
in his favor, and to have the assistance of counsel for his defense. 

Article VII. In suits at common law, where the value in controversy 
shall exceed twenty dollars, the right of trial by jury shall be preserved, 
and no fact tried by a jury shall be otherwise reexamined in any court of 
the United States, than according to the rules of the common law. 

Article VIII. Excessive bail shall not be required, nor excessive 
fines imposed, nor cruel and unusual punishments inflicted. 

Article IX. The enumeration in the Constitution of certain rights 
shall not be construed to deny or disparage others retained by the people. 

Article X. The powers not delegated to the United States by the 
Constitution, nor prohibited by it to the States, are reserved to the 
States respectively, or to the people. 

ARTICLE XII 

The judicial power of the United States shall not be construed to extend 
to any suit in law or equity, commenced or prosecuted against one of the 
United States, by citizens of another State, or by citizens or subjects of 
any foreign State. 

ARTICLE XII 2 

The electors shall meet in their respective States, and vote by ballot 
for President and Vice President, one of whom, at least, shall not be an 
inhabitant of the same State with themselves ; they shall name in their 
ballots the person voted for as President, and in distinct ballots the person 
voted for as Vice President, and they shall make distinct lists of all per¬ 
sons voted for as President and of all persons voted for as Vice President, 
and of the number of votes for each, which lists they shall sign and 
certify, and transmit sealed to the seat of the government of the United 
States, directed to the president of the Senate ; — The president of the 
Senate shall, in the presence of the Senate and Hoase of Representatives, 
open all the certificates and the votes shall then be counted ; — The person 
having the greatest number of votes for President .shall be the President, 
if such number be a majority of the whole number of electors appointed ; 
and if no person have such majority, then from the persons having the 
highest numbers not exceeding three on the list of those voted for as 
President, the House of Representatives shall choose immediately, by 
ballot, the Pre.sident. But in choosing the President, the votes shall be 
taken by States, the representation from each State liaving one vote ; a 
quorum for this purpose shall consist of a member or members from two 
thirds of the States, and a majority of all the States shall be necessary 
to a choice. And if the Hoirse of Representatives shall not choose a 
President whenever the right of choice shall devolve upon them, before 
the fourth day of March next following, then the Vice President .shall act 
as President, as in the case of the death or other constitutional disability 

1 Adopted in 1798. .2 Adopted in 1804. 


CONSTITUTION OF THE UNITED STATES . 409 


of the President. The person having the greatest number of votes as 
Vice President shall be the Vice President, if such number be a majority 
of the whole number of electors appointed, and if no person have a 
majority, then from the two highest numbers on the list, the Senate shall 
choose the Vice President; a quorum for the purpose shall consist of two 
thirds of the whole number of senators, and a majority of the whole 
number shall be necessary to a choice. But no person constitutionally 
ineligible to the office of President shall be eligible to that of Vice Presi¬ 
dent of the United States. 

ARTICLE XIII1 

Sectiox 1. Neither slavery nor involuntary servitude, except as a pun¬ 
ishment for crime whereof the party shall have been duly convicted, shall 
exist within the United States, or any place subject to their jurisdiction. 

Section 2 . Congress shall have power to enforce this article by ap¬ 
propriate legislation. 

ARTICLE XIV 2 

Section 1. All persons born or naturalized in the United States, and 
subject to the jurisdiction thereof, are citizens of the United States and of 
the State wherein they reside. No State shall make or enforce any law 
which shall abridge the privileges or immunities of citizens of the United 
States ; nor shall any State deprive any person of life, liberty, or property, 
without due process of law ; nor deny to any person within its jurisdic¬ 
tion the equal protection of the laws. 

Section 2 . Representatives shall be apportioned among the several 
States according to their respective numbers, counting the whole number 
of persons in each State, excluding Indians not taxed. But when the right 
to vote at any election for the choice of electors for President and Vice 
President of the United States, representatives in Congress, the executive 
and judicial officers of a State, or the members of the legislature thereof, 
is denied to any of the male inhabitants of such State, being twenty-one 
years of age, and citizens of the United States, or in any way abridged, 
except for participation in rebellion, or other crime, the basis of representa¬ 
tion therein shall be reduced in the proportion which the number of such 
male citizeiLS shall bear to the whole number of male citizens twenty-one 
years of age in such State. 

Section 3. No person shall be a senator or representative in Congress, 
or elector of President and Vice President, or hold any office, civil or mili- 
taiy, under the United States, or under any State, who, having previously 
taken an oath, as a member of Congress, or as an officer of the United 
States, or as a member of any State legislature, or as an executive or judi¬ 
cial officer of any State, to support the Constitution of the United States, 
shall have engaged in insurrection or rebellion against the same, or given 
aid or comfort to the enemies thereof. But Congress may by a vote of 
two thirds of each HoiLse, remove such disability. 

Section 4. 'The validity of the public debt of the United States, author¬ 
ized by law, including debts incurred for payment of pensions and bounties 
for services in suppuessing insurrection or rebellion, shall not be questioned. 

1 Adopted in 1865. 2 Adopted in 1868. 


410 


CONSTITUTION 01’ THE UNITED STATES 


But neither the United States nor any State shall assume or pay any debt 
or obligation incurred in aid of insurrection or rebellion against the 
United States, or any claim for the loss or emancipation of any slave ; 
but all such debts, obligations and claims shall be held illegal and void. 

Section 5. The Congress shall have power to enforce, by appropriate 
legislation, the provisions of this article. 

ARTICLE XVI 

Section 1. The right of citizens of the United States to vote shall 
not be denied or abridged by the United States or by any State on account 
of race, color, or previous condition of servitude. 

Section 2. The Congress shall have power to enforce this article by 
appropriate legislation. 

ARTICLE XVI 2 

The Congress shall have power to lay and collect taxes on incomes, from 
whatever source derived, without apportionment among the several States, 
and without regard to any census or enumeration. 

ARTICLE XVII 2 

The Senate of the United States shall be composed of two senators from 
each State, elected by the people thereof, for six years ; and each senator 
shall have one vote. The electors in each State shall have the qualifications 
requisite for electors of the most numerous branch of the State legislatures. 

When vacancies happen in the representation of any State in the Senate, 
the executive authority of such State shall issue writs of election to fill such 
vacancies : Provided^ That the legislature of any State may empower the 
executive thereof to make temporary appointments until the people fill 
the vacancies by election as the legislature may direct. 

This amendment shall not be so construed as to affect the election or term 
of any senator chosen before it becomes valid as part of the Constitution. 

ARTICLE XVIII 3 

Section 1. After one year from the ratification of this article the 
manufacture, sale, or transportation of intoxicating liquors within, the 
importation thereof into, or the exportation thereof from the United States 
and all territory subject to the jurisdiction thereof for beverage purposes 
is hereby prohibited. 

Section 2 . The Congress and the several states shall have concurrent 
power to enforce this article by appropriate legislation. 

Section 3. This article shall be inoperative unless it shall have been 
ratified as an amendment to the Constitution by the Legislatures of the 
several States, as provided by the Constitution, within seven years from 
the date of the submission hereof to the States by the Congress. 

1 Adopted in 1870. 2 Adopted in 1913. * 3 Adopted in 1919. 


INDEX 


Adams, John, as President, 314. 

Administrative courts in Europe, 364, n. 

Ad valorem duties, 218. 

Agriculture, Department of, 345-346. 

Alaska, acquisition, 374. 
government, 372-374. 

Aliens, disabilities of, 389. 
rights and duties of, 388. 

See also Citizenship. 

Ambassadors of American government, 327. 

Amendments of national constitution, 
fourth, 366. 
fifth, 365. 
sixth, 365. 
eighth, 366. 
eleventh, 355. 
twelfth, 280. 

fourteenth, 383-384, 176. 
fifteenth, 127, 176. 
sixteenth, 224. 
seventeenth, 184. 

Amnesty, 320. 

Animal Husbandry, Bureau of, 345. 

Annapolis, Convention, 164 
naval academy at, 268. 

Annexation, citizenship through, 385. 

Anti Federalists, 170, 171. 

Appointment, president’s power of, 301. 

Apportionment, in state legislatures, 76, 77. 
of federal representatives, 175. 

Appraisal of customs duties, 221. 

Appropriations, federal, 225. 
preparation of bills, 225. 

Army, distribution of, 263, n. 
expenditures for, 264. 
general staff, 262.' 
militia, 265-266. 
power of Congress over, 262. 
present strength, 263. 
ranks of officers, 268. 
salaries of officers, 264. 
volunteers, 264. 
war department, 333 - 336 - 

Arsenals, United States, location of, 335. 

Articles of Confederation, 393 - 
adoption of, 159-160. 
defects of, 161-164. 
government under, 160-161. 

Attainder, 367; bill of attainder, 69, 59- 

Attorney-General, of United States, 338. 

Australian ballot, 135- 

4n 


Bail, 119. 

Ballot, Australian, 135. 
evolution of, 134. 
forms of, 135-137. 
reform of, 137-139. 

Bankruptcy, hearing of petitions, 270. 
legislation by Congress, 269-270. 
state legislation, 269. 

Banks, federal reserve, 233. 
national, 232, 332. 
postal savings, 254. 

Bill of Rights, in state constitutions, 68-69. 

Bills, in state legislatures, 82-84. 
in Congress, 204-205. 

Bonds, United States, 226-227. 

Bribery, 84-85, 140-142. 
in senatorial elections, 183. 

Bryan, William J., candidate for Presidei.lj 
291. 

Cabinet, appointment of members, 325. 
composition of, 324. 
origin and nature of, 324. 
responsibility of, 325. 

Census, Bureau of, 347. 

Centralized government, 5. 

Charters, city, 31-33. 
method of granting, 31-32. 

Chemistry, Bureau of, 346. 

Chicago, budget of, in 1909, 41. 
police force, 44. 

China, U.S. court in, 363. 

Chinese, exclusion of, 239. 
ineligibility to citizenship, 385. 

Cities, charters, 31-33. 

city manager plan of government, 53. 
commission plan of government, 51-53. 
finances, 41-44. 
growth of, 26-29. 

legislative interference in cities, 33-34. 
oflBcers of, 35-41. 
position in state, 30. 
state control of, 30-31. 

Citizens, treatment of by states, 63-64. 

Citizenship, acquisition ot, 383, 385. 
bureau of, 330. 
definition of, 383. 
disqualifications, 385. 
double citizenship, 386-387. 
duties and obligations, 390. 
interstate rights of citizens, 387. 



412 


INDEX 


Citizenship {continued). 
loss of, 386. 
rights of citizens, 389. 

City council, 35-38; see Cities. 

Civil cases, trial of in state courts, 115-118. 
Civil service reform, in national government, 
306. 

effect of competitive system, 309. 
examinations, 308. 
exempt positions, 308. 
extent of classified service, 307. 
in diplomatic and consular service, 32^- 
329. 

law of 1883, 306. 
law of 1907, 309, n. 

Civil service reform, state, 105-106. 

Claims, Court of, 363. 

Cleveland, Grover, as President, 227, 275. 

extension of civil service by, 307. 

Coast and Geodetic Survey, 349. 

Coast Guard) 333. 

Commerce, anti-trust legislation, 244-245. 
federal regulation, 168-169. 
interstate, 240. 

Interstate Commerce Commission, 242. 
power to regulate, 236. 
pure food legislation, 246. 
regulation of foreign commerce by Con¬ 
gress, 236-240. 

regulation of railway traflSc, 242-244. 
Commerce, Department of, 346-349. 
Commerce, Foreign and Domestic, Bureau 
of, 349. 

Commerce Court, 364. 

Commission, Interstate Commerce, 242. 
Commission plan of city government, 51-53. 
Committees, in Congress, 201-204, 206. 
conference, 212. 
committee on rules, 208, 210. 
committee of the whole, 207. 
forms of action in, 205. 
hearings, 205. 
reference of bills to, 204. 

Committees, in state legislatures, 81. 
Committees, party, 148-150, 289-290. 
Commutation, 321. 

Comptroller of the Currency, 332. 

Concurrent resolutions, 319. 

Congress, action on bills, 204-213. 
adjournment by President, 316. 
committees, 201-212. 
compensation of members, 188-189. 
control over election of members, 187. 
extra sessions, 315. 
open sessions, 200. 
organization, 197-199. 
powers, 248-272. 
implied powers, 270-272. 
powers under Articles, 160, 162-164. 
private bills, 204,«., 208. 
public bills, 204, n. 


Congress {continued). 
quorum, 199. 

representation in, 166-167. 
rights and privileges of members, 189- 
190. 

rules of procedure, 206-215. 
seating of members, 200. 
sessions of, 175. 
suspension of rules, 208. 

Constitution, federal compromises, i66- 
169. 

construction of, 2701-271. 
making of, 165-169. 
opposition to, 169-170. 
prohibition on governments, 59. 
ratification of, 169-172. 

Constitution, state, amendment of, 70. 
bill of rights, 68-69. 
contents of, 67-68. 
framing of, 64-65. 
length, 67. 
ratification, 65-66. 

Constitutional Convention, 1787, com¬ 
promises of, 166-169. 
personnel, 165. 
work of, 166. 

Consular Service, Bureau of, 329. 
consular courts, 329, n. 
duties of lonsuls, 329. 
recent reforms, 329. 

Continental Congress, 159. 

Convention, national political, committees 
in, 287. 

nomination of candidates, 288. 
organization of, 287. 
platform, 288. 

Conventions, state, 153-157. 

Copyrights, 258-259.'' 

Corporations, Bureau of, 349, 

Corrupt practices, acts regulating, 140- 
142. 

Council, city, 35-38. 
mode of election, 36-37. 
powers, 37. 

Sec also Cities. 

County, government of, 14-20. 
officers, 16-20. 
population and area, 14. 

County-township system of local govern¬ 
ment, 21-23 

Courts, federal, 353-367. 

Courts, state, 109-123. 
function of, 109. 
grades of state, 109-111. 
municipal courts, 50-51. 
qualifications of judges 112-113. 
trials, 115-123. 

Criminal cases, trial of in state courts, iiS- 
123. 

Customs Appeals, U. S. Court of, 363. 
Customs duties, collection of, 220. 





INpEX 


413 


Debt, national, 225. 

growth of, 227. 

Dependencies, 379-381. 

Diplomatic service. Bureau of, 326-327. 
Direct legislation, 85-89. 

Direct primary, 157. 

District of Columbia, courts in, 364. 

government of, 380-381. 

Division of powers, 58-59. 

Education, Bureau of, 344-345. 

Elections, ballots, 135-139. 
fraudulent voting, 140-142. 
manner of holding, 133, 139. 
registration for, 131. 
suffrage, 125-129. 
time of holding, 132. 

Electoral college, 276, 277. 

method of voting in, 279-281. 

Electoral Count Law, 283. 

Embargo Act, 237. 

Eminent domain, 69, 74. 

Enabling Act, 65. 

Engraving and Printing, Bureau of, 333. 
Executive. See President and Governor. 
Executive department, state, 91-106. 
Expenditures, national, growth of, 225. 

Ex post facto law, 69, 59. 

Federalists, 170. 

Federal land banks, 234. 

Federal republic, 172. 

Federal reserve banks, 233. 

Federal trade commission, 245. 

Fee system, in consular service, 330. 
Fifteenth Amendment, 127, 176. 
Filibustering, 207, 214. 

Fire protection in cities, 47-48. 

Fisheries, Bureau of, 348. 

Foreign Relations. See State Department. 
Forest Service, 346. 

Fourteenth Amendment, 176, 383-384. 
Franchises, of public utilities, 48-50. 

power of city council to grant, 37-38. 
Franking, privilege of, 189. 

Fugitives from justice, surrender of by 
states, 63. 

Galveston, municipal government in, 51-52. 
Garfield, James A., assassination, 294, 306. 
General Staff, of War Department, 334. 
Geological Survey, the, 334. 

Gerrymander, 77, 177. 

Governor, election and qualification, 91. 
powers, 96-99. 
salary, 92. 
term, 91. 

Grand jury, 119. 

Grant, U. S., candidate for third term, 276, n. 
Greenbacks, 228, 231. 

Guam, 379. 


Habeas Corpus, 119. 
power of governor to suspend, loi. 
power of President to suspend, 312. 
Hamilton, Alexander, 275, n. 

construction of constitution, 271, 
Hawaiian Islands, 372. 

Hayes, R. B., disputed election of, 282. 
Health protection in cities, 46-47. 

Henry, Patrick, opposition to Constitution, 
171. 

Home rule charters for cities, 32. 

House of Representatives, national, 174- 
178. 

election of president, 283. 
procedure, 207-213. 
rules of, 207. 

See also Congress. 

House of Representatives, state, 76. 

See also Legislature. 

Illinois, minority representation in, 78. 
Immigration, 238, «., 349. 

Immigration and Naturalization, Bureaus 
of, 350. 

Impeachment, federal, 192. 

state, 100. 

Income taxes, 223. 

Indexes and Archives, Bureau of, 330. 

Indian affairs, allotment act, 342. 

Indian agents, 342. 

policy of government toward Indians, 342. 
schools for Indians, 342. 

Indictment, by grand jury, 120. 

Initiative and Referendum, 85-89. 

Insular Affairs, Bureau of, 335-336. 

Insular cases, 370. 

Insurgents, in Republican party, 210. 
Insurrection, power to suppress, 313. 
Interior, Department of, 339-345. 
International law, 390. 

International Postal Union, 257. 

Interstate commerce, 240. 

Interstate Commerce Commission, 242, 
Invasion, protection of states against, 313. 

Jackson, Andrew, as President, 304. 

Jefferson, Thomas, as President, 314 
as president of senate, 282, n. 
construction of Constitution, 271. 
election to presidency, 284. 
vote for President, 280. 

Johnson, Andrew, impeachment of, 293, 305. 

removal of officers, 304. 

Joint resolutions, 204, «., 319. 

Judges, of federal courts, 356 ff. 

of state courts, 112-115. 

Judicial control over President, 321-322. 

over subordinate executive oflficers, 322. 
Judiciary, federal, 353-367. 
in organized territories, 373. 

State, 109-123. 






414 


INDEX 


Jurisdiction. See Courts. 

Justice, Department of, 338-339. 

Labor, Department of, 350. 

Land offioes, 341. 

Legislation, direct, 85-89. 

Legislature, in organized territories, 373. 
Legislature, state, compensation of members, 
79 - 

minority representation in, 77-78. 

organization, 80-82. 

passage of bill in, 82-84. 

powers of, 73, 74. 

sessions of, 78-79. 

structure, 75-77. 

Life-Saving Service, 333. 

Lighthouses, Bureau of, 348. 

Lincoln, Abraham, as President, 275 
popular vote for President, 279. 
powers exercised as President, 300. 
Lobbying, 84-85. 

Local government, conflict of systems in 
West, 21-22. 
importance of, 6-7. 
kinds, 5. 
merits, 6. 
types of, 7. 

Local option liquor laws, 87. 

Manufactures, promotion of, 349. 

Marshall, Chief Justice, decision in Marbury 
V. Madison, 361. 

interpretation of Constitution, 271. 
Massachusetts, constitution of, 66. 

Mayor, the, 38-39. 

McKinley, Wm., as President, 275, n., 294. 
Merit system. See Civil Service Reform. 
Military Academy, the, 336. 

Military Secretary, the, 334. 

Militia, the, 265-266. 

Mines, Bureau of, 344. 

Minority representation in state legislature, 
77-78. 

Mint, Director of, 332. 

Mints, U. S., 228, n. 

Mississippi, ratification of constitution of, 66. 
Monetary system, 228-232. 

Morrill Act, 340. 

Municipal government, 25-50. 

Naturalization, 350, 383-385. 

Nautical Almanac, publication of, 337. 
Naval Academy, U. S., 338. 

Navigation, Bureaus of, 337, 347. 

Navigation laws, 237. 

Navy, the, 264-269. 

Navy Department, 336-338. 

Navy yards, location of, 337. 

New England town, the, 8. 

Newport, naval war college at, 268. 

New York type of local government, 21-22. 


New York city, budget of, 41. 
collections from customs duties in, 222. 
police force, 44. 

Nonintercourse Act of 1809, 237. 

Northern Securities case, 245. 

Ordinance of 1787, 371. 

Ordinances, power of the President to issue 
316. 

Ordnance, Bureau of, 337. 

Oregon, initiative and referendum in, 87, 88. 
Original package doctrine, 241. 

Pagopago, harbor of, 379. 

Panama Canal, construction of, 271, 335. 
Panama Canal Zone, 379-380. 

Parcels post, 255. 

Pardons, amnesty, 320. 
commutation, 321. 

extent of President’s power over, 3 20. 
parole, 321. 

power of governor to grant, 102, 103. 
Parole, 321. 

Parties. See Political Parties. 

Passports, 326. 

Patent OflSce, 344 
Patents, 259-261. 

number granted, 261. 

Pennsylvania type of local government, 22. 
Pension Bureau, 343-344. 

Philippine Islands, 374-378. 

Plant Industry, Bureau of, 345. 

Platform of political parties, 155, 288. 

Police power, 241. 

Police protection in cities, 44-46. 

Political parties, conventions, 153-157, 287- 
288. 

local, 145. 

national, 145-148. 

nature and functions, 144. 

nomination of candidates, 153-157. 

organization, 148-150. 

platform, 155, 288. 

priniaries of, 150-152. 

Porto Rico, 374-376. 

Ports of delivery, 220, n. 
Postmaster-General, the, 339. 

Post Office, the, classes, 257 
classification of mail matter, 247. 
development of postal service, 248. 

“fraud orders,” 249. 
free delivery, 252. 
international postal union, 257. 
mail matter, 249. 
money order service, 254. 
parcels post, 255. 
postal deficit, 249. 
postal savings banks, 254. 
postal subsidies, 256. 
rates of postage, 249. 
registry service, 253. 



INDEX 


Post Office {continued). 

second-class matter, 251. 

Post Office Department, 339. 

Powers, division of between state and 
national government, 58. 
of municipal corporations, 32. 

President, campaigns for election of, 291. 
choice of President by electors, 279- 
281. 

choosing of electors, 277-279. 
compensation, 299. 

contributions by corporations forbidden, 
292. 

counting of electoral vote, 281-283. 
creation of office, 274. 
election by House, 283-285. 
electoral and popular vote, 279. 
failure of electoral plan, 277. 
immunity from judicial control, 321. 
impeachment of, 322. 
inauguration, 298. 
mode of election, 276. 
powers and duties, 300-320. 
publicity of campaign contributions, 292- 
293 - 

qualifications, 275. 
raising funds for campaign, 291. 
succession to presidency, 293-295. 
term of office, 275. 

Previous question, the, 211. 

Primaries, 150-153; direct primary, 156. 
Privateer, 262. 

Probation, 123. 

Public defender, 121. 

Public Health Service, in Department of 
the Treasury, 332. 

Public lands, disposal of, 340. 

Homestead Act, 341. 
land offices, 341. 

Morrill Act, 340. 

Preemption Act, 340. 
present extent of, 341. 

Public Opinion Law, in Illinois, 87. 

Public utilities, in municipalities, 48. 

government ownership of, 50. 

Pure food, legislation concerning, 240, 246. 

Quarantine, laws by Congress, 239. 
Quartermaster Corps, 334. 

Recall, loi. 

Reciprocity treaties, 220. 

Reed, Thomas B., rule on quorum, 200. 
Referendum, 85-89. 

Registration for elections, 131. 

Removal, President’s power of, 303“309- 
Representatives, House of. See House, 
Congress, Legislature. 

Resolutions, 204, n. 

Revenue, sources of federal, 218. 

Revenue Cutter Service, 333. 


415 

Roosevelt, Theodore, as President, 224, 
2TS,n. 

extension of civil service by, 307. 

Samoan Islands, 379. 

Secret Service, the, 333. 

Senate, national, as executive council to 
President, 274. 

classification of senators, 181. 

debate in, 214. 

mode of election, 181-184. 

power to amend revenue measures, 219, n. 

president of, 213. 

procedure in, 213-215. 

right of legislature to instruct, 185. 

special functions of, 190-194. 

See Congress. 

Senate, state, 75. 

See Legislature. 

Sherman Anti-Trust Law, 245. 

Sherman treasury notes, 231. 

Shipping board, 257. 

Slavery compromise in Constitution, 167- 
168. 

South Carolina, ratifies constitution, 66. 
Speaker, English, 209. 
of House of Representatives, powers, 203. 
209. 

Special legislation, constitutional protection 
against, 34. 

Specific duties, 218. 

Spoils system, 106, 304. 

elimination of in diplomatic service, 327. 
Standards, Bureau of, 349. 

State', obligations and duties, 62-64. 
place of in federal system, 57. 
powers of, 59, 60. 

prohibitions on in federal Constitution, 
59 - 

rights and privileges, 60-62. 

State boards and commissions, 104-105. 
State, Department of, organization and 
functions, 325-330. 

Steamboat Inspection Service, 348, 

“Strike” bills, 85. 

Succession Law of 1792, 294. 
of 1886, 295. 

Suffrage, nature of elective franchise, 125. 
qualifications for voting, 125-129. 
woman suffrage, 128. 

Supervising Architect, 333. 

Surgeon General, 334. 

Taft, Wm. H., governor of Philippine.s 

377. 

Tariff, maximum and minimum principle. 
219. 

preparation of bill, 219. 
protective, 218. 

Taxation, federal, collection of taxes. S22. 
collection of customs duties, 220. 



INDEX 


416 

Taxation {continued) 
corporation tax, 224. 
customs duties, 218. 
forms of federal taxes, 217. 
income taxes, 223. 
inheritance taxes, 224. 
internal revenue taxes, 221. 
national power of, 217. 
protective tariff, 218. 
reciprocity treaties, 220. 
tariff bills, 219. 

Taxation, Municipal, 42. 

Territories, courts in, 364. 

extension of Constitution to, 369. 
government of organized, 372-374. 
Northwest Territory, 371. 
origin of territorial system, 370. 
partly organized, 374-378. 
powers of Congress over, 369. 
representation of in Congress, 175, n. 
unorganized, 379-381. 

Territory, government of occupied, 312. 

Tobacco, tax on, 222. 

Tonnage laws, 237. 

Town meeting, the, 9-10. 

conditions unfavorable to, lo-ii. 

Town system of local government, 7, 13. 
officers of, 11-14. 
powers of, 8-9. 

Treason, punishment of, 366-367. 

Treasury, Department of, 331-332. 


Treaties, negotiation of, 310, 328. 

senate’s share in making, 310. 

Treaty, reciprocity, 220. 

Trials, in courts, 115-123. 

Tutuila, 379. 

United States funds, deposit of, 224. 

Veto, exercise of power by President, 2Si, 
213. 317. 

importance of, 319. 
power of governor, 97-99. 
use of in practice, 318. 

Vice President, election by senate, 285. 
electoral vote for, 280. 
nomination of, 289. 
presiding officer of, 197. 

Village government, 53. 

Voting machines, 139. 

War, Department of, organization and 
functions, 333 - 336 . 

Warrants, issued by secretary of state, 
326. 

Washington, George, as President, 275, 314 
356. 

Weather Bureau, the, 345. 

West Point Military Academy, 336. 

Wilson, James, 275, n. 

Yards and Docks, Bureau of, 337. 












